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(영문) 수원지방법원 안산지원 2017.02.15 2016고합280
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The defendant shall be sentenced to three years of imprisonment and six months of imprisonment with prison labor for each crime of No. 2 of the judgment of the court.

Reasons

Punishment of the crime

[criminal history] On February 5, 2015, the Defendant was sentenced to a suspended sentence of one year on the part of six months of imprisonment with prison labor for the crime of injury and the crime of interference with the performance of official duties in the Gyeyang Branch of the District Court, and the said judgment became final and conclusive on February 13, 2015.

[2] From September 2009, the Defendant maintained a de facto marital relationship with the victim C (nive, D) from around September 2009, and lived as a husband and wife after reporting the marriage on March 14, 2013. The victim E (nive, F) is the father and wife of the said C.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by quasi-indecent Acts by minors under

A. On February 2, 2012, the Defendant: (a) had been living together with C and the Victim E (the age of 12 at that time); (b) had the intent to commit an indecent act against the victim who was locked by night in the Seo-gu, Seoyang-gu, Seosan apartment complex Dong-gu, Seoyang-gu; and (c) had the victim’s hand by inserting his hand into the victim’s room; and (d) had the victim’s seated with his hand.

B. On the date of the same month, the Defendant entered the rest where the victim lockedd in the room, and entered the room, thereby making the victim's breast and path by hand.

Accordingly, the defendant committed an indecent act by taking advantage of the victim's resistance impossible condition, who is a minor under the age of 13 of his spouse in his de facto marriage.

2. On April 4, 2015, the injured Defendant: (a) around 23:00, at the “I” restaurant located in the Dong-dong, Seoyang-gu, Seoyang-si, Seoyang-si, Busan, which was operated with the victim C (at the time, 45 years of age); (b) while drinking alcohol with six of his/her elementary school and drinking alcohol together with the above daily driving, and trying to drink alcohol in the manner of getting on and off the vehicle, the injured Defendant shall prevent the front of the said vehicle stopped in front of the said restaurant, and shall not be able to the Defendant.

For this reason, the victim's chests are bread by cutting down the victim's breath, spathing or pushed down, making the victim's face into the floor and cutting it over the victim's face.

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