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(영문) 의정부지방법원 2021.03.26 2020고합225
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)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

After his wife and divorce, the defendant live in the Category C (Am, 18 years of age, women) and the third married victim B (Am, 12 years of age).

1. The crime on March 13, 2020;

A. On March 13, 2020, the Defendant: (a) 22:00 on March 13, 2020, sent shower in the above residence; and (b) 22:00 on the ground that the Defendant: (a) caused the victim C with no clothes; and (c) caused the victim’s face one time due to the victim’s go beyond the body, and (d) caused the victim’s face one time and the victim’s backing back to the body, the Defendant was in need of two weeks of treatment, including the following and the pel.

B. The Defendant assaulted the Victim F with the victim F at the same time and place as the preceding paragraph, first, the Victim F (son, 3 years old), who is an son of Marin G, “Is off and Ma”, and assaulted the victim’s face by hand.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed an indecent act against the victim B by “poning the victim B with his age lower than his age” on the day of 2019, and by his own finger, the victim’s chest was sexually committed against the victim B.

Accordingly, the defendant forcedly committed an indecent act on a relative related person.

Summary of Evidence

Part of Defendant’s Court Statements

1. To make a statement to the witness B in part of the police interrogation protocol against the defendant;

1. Some of the statements of the defendant in the police statement related to G;

1. C Complaints;

1. Application of the Acts and subordinate statutes governing the accusation, recording of the statement in B, diagnosis records, damaged photographs, and family relation certificates;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of coercion by blood) concerning criminal facts;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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