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(영문) 서울남부지방법원 2016.01.22 2015고합422
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a relative with the victim E, who is a father of the victim C (math, D, and intellectual disability 2).

As the Defendant was unable to care the victim well due to work in the workplace due to E, etc., the Defendant was able to commit an indecent act against the victim by using the intent of the victim and complying with the victim.

1. Violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Acts by relatives);

A. On November 2014, the Defendant committed an indecent act against the victim by taking advantage of a blood-related victim’s resistance impossible condition, such as taking the victim’s sleepd (the age of 14 years at the time) under the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government building F. 302, and inserting the victim into the victim’s entrance.

B. Around January 2, 2015 to around February 2, 2015, the Defendant committed an indecent act against the victim by using a blood-related victim’s resistance impossible condition, such as suffering from the victim’s entrance, and inserting the victim in the entrance.

2. From November 2014, the Defendant, from around November 1, 2014, committed an act, such as: (a) 1-A); (b) from the victim, the Defendant committed an act, such as putting a locked victim in a locked victim’s entrance; (c) and (d) the victim “I am out of a fluor; d. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. to let the victim with a mental disability

A. On March 2015, the Defendant committed an indecent act against the victim with mental disability by force, such as: (a) the victim was talking with the victim at the same place as Paragraph 1-A; (b) the victim was under the influence of drinking alcohol due to the Defendant’s horses and acts; (c) the victim was placed in the victim’s clothes; and (d) the victim was drinking in the victim’s clothes; and (e) the chest, fry, etc. was drinking.

B. The Defendant, at the same place as a policeman on May 2015, said at the same time.

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