(영문) 서울북부지방법원 2020.05.29 2020고합59

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(영문) 서울북부지방법원 2020.05.29 2020고합59

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the father and father of the victim B (son, C) and D (E).

1. Around 03:00 on August 2017, the Defendant committed an indecent act against the victim B, who committed an indecent act against the victim under the age of 13, who was under the influence of alcohol in the Defendant’s residence located in the F building G of Dobong-gu Seoul Metropolitan Government (the age of 11 at that time) and was under the influence of alcohol in the victim B (a person under the age of 13 who was under the age of 13, who was under the influence of being under the influence of alcohol in the Defendant’s residence, and who was under the influence of under the influence of alcohol in the victim B (the age of 11 at that time), by inserting his/her hand in the vicinity of his/her clothes, and by force, committed an indecent act against the victim under the age of 13 from around that time until December 2017.

2. Around 03:00 on August 1, 2019, the Defendant, while under the influence of alcohol at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government, committed an indecent act by force against the victim B, who was related to the victim B, by inserting his/her finger in the vicinity of his/her clothes, and by committing an indecent act against the victim B, who was related to him/her over two times from around that time to January 1, 2020, as shown in Appendix 2.

3. Around 03:00 on June 1, 2017, the Defendant, while under the influence of alcohol at the Defendant’s residence located in Dobong-gu Seoul Metropolitan Government F Building G, committed an indecent act by force against the victim 4 times as shown in the annexed Table 3 from around that time to January 1, 2020, by inserting his hand in the retail side of the victim D (the age of 13 at that time) while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to I and J, respectively.

유사 판례

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-인천지방법원 2015.08.26 2015고합155

-수원지방법원 2015.11.05 2015고합378