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(영문) 광주지방법원 2014.05.29 2014고합92
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

피고인은 피해자 C의 법률상 남편이자, 피해자 D의 친부(親父)이다.

1. Around May 2010, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to minors under the age of 13) said that the Defendant reported television in the dwelling space of the Defendant located in Gwangju Mine-gu E, 502 Dong 1405 at the end of May 201 to put the victim into the Defendant’s side, and let the victim put the victim into the Defendant’s side, and even though the victim did the Defendant’s act, the Defendant forced the victim to put the victim’s hand into the victim’s panty, such as leaving his face on the chest of the victim’s chest by force until August 16, 2014.

2. On January 6, 2014, at around 16:18, the Defendant: (a) expressed the victim’s body from the victim C (here, 33 years of age) in the ward; (b) expressed the victim’s desire to take care of the body; (c) putting the victim’s body together with his/her hand, and putting the victim’s head at a time; and (d) continuously prevented the victim from taking care of his/her hand, the Defendant sustained the victim’s injury, such as “morging at his/her hand,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. A medical certificate (C);

1. Family relation certificate:

1. Application of investigation reports (related to interview, investigation, and recording of statements by victimized children), stenographic records, statement recorded CDs-related Acts and subordinate statutes;

1. Minors under Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment, etc. of each sexual crime;

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