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(영문) 수원지방법원 평택지원 2020.01.31 2019고합144
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Facts of the cause of probation order [criminal facts] The defendant is the father and father of the victim B (n't, 12 years of age).

On April 23, 2019, at around 23:00, the Defendant committed an indecent act by force against the victim, who had a total of four times of kinship, from around May 2019, as described in the list of crimes, following the Defendant’s entry into a room of the victim while under the influence of the Defendant’s residence, and came to be in a bed in the bed room, and the victim was pushed the Defendant with a knive hand, while the victim was pushed the Defendant with a knive hand, and continued to talk with the victim’s chest by hand, and forced the victim to commit an indecent act by force on May 2019.

On April 23, 2019, the following facts were revealed: (a) the victim was living in the bed room of the victim in the G apartment D's house at Ansan-si, G apartment D around 23:0, and the victim was pushed the defendant by play, but the victim was pushed the defendant in his/her hands, and the victim's chest and sound was frighted in his/her hands, and the indecent act was committed on his/her hand between the end and the end of 23:00 on April 4, 2019 and the end of 23:0 on April 3, 2019 at the same time and around the end of 23:0 on April 23:0, 201, and around 23:0 on May 5, 2019 at the same time; (b) the defendant committed an indecent act in light of the circumstances and risks of sexual assault by compulsion; and (c) the defendant committed an indecent act in the future.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Report on internal investigation and report on internal investigation (investigation related to interview of victims and admission to protective facilities);

1. Stenographic records (E);

1. A certified copy of resident registration, family relation certificate, or basic certificate;

1. Statement of statement analysis expert;

1. Investigation report (investigation, such as attachment of a record book for counseling at the school of a victim), - Provision of data at the request for cooperation in investigation, - Provision of counseling records (Preparation of a teacher);

1. The investigation report (related investigations, such as attaching photographs to places of crime);

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