(영문) 인천지방법원 2013.03.28 2012고합1433

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(영문) 인천지방법원 2013.03.28 2012고합1433

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the husband of D, is the second wife E (n, 38 years of age), and F (n, 36 years of age) is the third wife.

1. Around 05:00 on April 201, the Defendant found that, under the influence of alcohol, the victim E, who dices alcohol together with the Defendant’s his/her his/her husband at the house of the Defendant, Seo-gu, Incheon, Seo-gu, Incheon, 201, 302, while carrying out a family meeting, had found that the victim E, who dices alcohol together with the Defendant’s wife, was under the influence of alcohol.

After the cresheal creshes all other families, the defendant exceeded the victim's creshes by entering the room in which the victim is suffering, humping the victim, and humping the hand into the panty.

Accordingly, the Defendant committed indecent acts against the victim by taking advantage of the state of impossibility to resist, which the victim was under the influence of alcohol.

2. Around 02:00 on July 7, 2012, the Defendant, at the home of the Defendant, Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, Seo-gu, 203, 1504, used the victim F and his wife D, with the intent to commit an indecent act against the victim by using the victim’s breath under the influence of alcohol, while drinking alcohol together with the victim F and his wife D.

The defendant gets the victim to her own, got the victim to her, and got the victim to her, and the victim went to go to the way to her to resist, but the victim went to her after the driver's movement, and her chest was her to panty, and her to her to her to her panty.

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

Summary of Evidence

1. Defendant's legal statement;

1. Grade E and F of the suspect examination protocol of the accused by the prosecution;

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 (a quasi-indecent act by blood in the market) concerning criminal facts

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제5조 제3항

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