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(영문) 대전지방법원 서산지원 2020.04.22 2020고합12
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and father of the victim B (a family name, a female, 8 years of age).

1. At around 22:00 on the day of 2017, the Defendant: (a) laid down one hand from the victim’s residence located adjacent to the Defendant’s c apartment D; (b) laid down one hand from the victim’s panty in the victim’s panty; and (c) laid off the victim’s sound, tur, and turb, out of the Defendant’s sexual organ; and (d) laid off the victim’s hand on the victim’s hand.

Accordingly, the Defendant committed indecent act on the part of the victim, who is a minor under 13 years of age, by taking advantage of the fact that the victim was in a state of mental disorder.

2. 피고인은 2019. 9. 초순 새벽경 전 1항과 같은 장소에서 잠을 자고 있는 피해자의 옆에 누워 한 손을 피해자의 팬티 속으로 집어넣어 음부, 엉덩이 부위를 만진 다음 피해자의 손을 잡아당겨 피고인의 바지 속으로 집어넣어 피고인의 성기에 닿게 하고, 피고인의 성기를 피해자의 엉덩이 부위에 대고 비볐다.

Accordingly, the Defendant committed indecent act on the part of the victim, who is a minor under 13 years of age, by taking advantage of the fact that the victim was in a state of mental disorder.

3. At around 04:30 on September 16, 2019, the Defendant: (a) accumulated the Defendant’s sexual organ in front of the victim who was divingd at the same place as that of the preceding paragraph; (b) laid out of the clothes of the victim; and (c) laid one hand into the victim’s panty, and laid one hand into the victim’s panty, thereby making the victim’s her fel, with his her her son’s panty, and her fel and fel.

Accordingly, the Defendant committed indecent act on the part of the victim, who is a minor under 13 years of age, by taking advantage of the fact that the victim was in a state of mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Each stenographic record and video CD in relation to B;

1. Application of each police protocol of statement to E and F;

1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the relevant criminal facts, the Criminal Act

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