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(영문) 인천지방법원 부천지원 2016.10.28 2016고합177
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

As to the crime No. 1 in the judgment of the defendant, a fine of KRW 3,00,00 shall be imposed, and as to the crime No. 2 in the judgment, two years and six months shall be imposed.

Reasons

Punishment of the crime

【Criminal Power】 On July 24, 2015, the Defendant was sentenced to a suspended sentence of two years for one year to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Vice-Support of Incheon District Court, and the said judgment became final and conclusive on January 21, 2016.

【Criminal Facts】 The Defendant, as the father of the victim C (a family name, female, and D), raised the victim.

1. Child Welfare Violation;

A. The Defendant left the victim on the front of the F Park in Seocheon-si, Seocheon-si, with the right hand floor of the victim, who was driving by the Defendant at the front of the F Park in Seocheon-si, and was at the right hand.

Accordingly, the defendant physically abused the victim.

B. On February 2014, the Defendant issued a certified copy of resident registration to the victim at the house of the Defendant located in Seocheon-gu G apartment 202 Dong 109, Seocheon-gu, Seocheon-gu, Seoul around A.M. around A.M., on the ground that he did not have been issued by the victim even though he did not do so, the Defendant was at the right hand floor of the victim’s left side and head, and the Defendant was at the same time spawn and spawn on both sides of the victim.

Accordingly, the defendant physically abused the victim.

2. The defendant who has violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives) shall be subject to the first B around 23:30 on May 2016;

In the case of the defendant, the victim was forced to commit an indecent act on the part of the victim (the 13 years of age at the time) who was in a small room of the defendant as stated in the paragraph.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant's legal statement;

1. Each legal statement of witness C and H;

1. The statement made by the police with H / Paragraph (2) 1 of this Article / The defendant's partial statement

1. Each legal statement of witness C and H;

1. The second written statement of the suspect interrogation protocol of the prosecution against the accused;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of C and H;

1. A written confirmation of facts prepared by C;

1. A certified copy of the investigation report (as to the statements of the I for reference), a certified copy of the investigation report; and

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