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(영문) 인천지방법원 2017.12.08 2017고합590
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

On November 2013, 2013, the Defendant and the victim were remarrieded with the wife C, and D, who are the children of the above C, married with the victim E (V, 31 years of age), are the relationship between the Defendant and the victim, who was satisfy.

1. The Defendant, with the knowledge of the fact that the injured party was married to the injured party’s father and between the hospital, had the injured party drive the vehicle in order to let the injured party and his wife move to the hospital to the hospital, and had the injured party go to the house of the injured party in F at the time of their interest.

On August 8, 2016, the Defendant: (a) around 11:00 on August 11, 2016, on the top of the above victim’s house, and on the top of the above victim’s house, the Defendant: (b) sought to have the victim get off the victim’s head by taking off the victim’s head by hand; (c) but the victim refused to do so; (d) during the period during which the victim’s wife was aware of the victim’s body in order to bring down the toy damaged on the floor of the vehicle, the Defendant kid the victim’s body.

2. The Defendant:10 on the same day, at a marc cafeteria by which it is impossible to identify the trade name in G at the city of Sinstitu, completed the operation of the victim and his/her dependants and meals, carried the victim’s and his/her dependants on the top of the steering place of the foregoing vehicle parked in front of the said marc, carried the victim’s daughters on board, carried the victim’s wife’s head on the part of the victim’s head on the part of the Defendant, and broken the victim’s entrance

3. At around 14:30 on the same day, the Defendant: (a) 14:30 on the victim’s home, who was on board the victim’s milk, took the victim’s scam by viewing the amount of the victim’s fingers; (b) 1 time the victim’s scam by entering the victim’s room in order to care for his/her daughters, and (c) her son was her son by inserting his/her fingers into

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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