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(영문) 대구지방법원 포항지원 2014.07.21 2014고합32
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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

Punishment of the crime

1. From January 2013 to February 2, 2013, the Defendant: (a) went to the body of the victim, who is his/her father, and the victim, who was his/her father, who was his/her father, and attempted to sleep by taking the victim in the room of the victim D (the 12-year old age), in the south-gu C Apartment 105 and 603 at the time of the Defendant’s home (the 12-year age), refused to break the victim’s two arms by left hand; and (b) went to the victim’s chest with his/her chest hand.

Accordingly, the Defendant committed an indecent act by force against the victim who is a blood relative, and at the same time committed an indecent act against the victim who is a minor under the age of 13.

2. 피고인은 2013. 9. 초순 22:00경 피고인의 집 거실에서 브래지어와 팬티만 입고 있는 피고인의 딸인 피해자에게 다가와 “아이고 찌찌”라고 말하면서 브래지어 속으로 손을 넣어 피해자의 가슴을 만지고, 이에 피해자가 하지 말라고 하자 “뭐, 난 좋은데”라고 하면서 손으로 피해자의 팬티 위로 음부 부위를 만졌다.

Accordingly, the Defendant committed an indecent act by force against the victim who is a blood relative, and at the same time committed an indecent act against the victim who is a minor under the age of 13.

3. On September 8, 2013, the Defendant permitted the Defendant to play a computer game at the room of the victim’s home of the Defendant, saying, “The Defendant would have the chest go on 100 on the face of 100,” and said, the Defendant sent the victim’s chest by inserting his hand from the back of the victim to the brush.

Accordingly, the Defendant committed an indecent act by force against the victim who is a blood relative, and at the same time committed an indecent act against the victim who is a minor under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. The statements made by the victim D in each video recording CD;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to investigation reports (victim interviews), investigation reports (shots and floor plans of the criminal scene), investigation reports (a copy of resident registration record card attached);

1. Criminal facts;

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