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(영문) 인천지방법원 2013.07.05 2013고합282
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim's outpatients of F, which is the mother of victim D (n, 11 years of age) and victim E (n, 12 years of age).

1. At around 01:20 on April 18, 2013, the Defendant discovered that the victims were divingd in a small room while drinking alcohol together with F, the Defendant’s birth, H, etc. at the home of the victims in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon, and that the victims went into the room.

The defendant, who was divingd by the victim D, put his hand in the victim's jackets and take charge of the victim's chests, and followed up the victim's panty by inserting his hand into the victim's panty, and the victim's her spanty and the victim's spanty were unfolded.

Accordingly, the defendant committed an indecent act on the part of the victim who was under 13 years of age, by taking advantage of the state of impossibility to resist due to sleep.

2. The Defendant, at the time and place specified in Paragraph 1, moved back to another side of the victim E, who is diving, and then put his hand into the victim’s breath, and met the victim’s breath, and the victim’s breath from the lock while she puts his hand into the victim’s panty, her flath and her flath.

Accordingly, the defendant committed an indecent act on the part of the victim who was under 13 years of age, by taking advantage of the state of impossibility to resist due to sleep.

3. At the time and place mentioned in paragraph (1), the Defendant, as described in paragraph (1), has moved the victim's position behind the victim D, had already been able to commit an indecent act from the Defendant, and then had the victim locked, who was at the suppression of resistance, as described in paragraph (1), the victim's pande, put his hand into the victim's pande, her finger and her sexual organ, put the victim's her finger and sexual organ into the victim's pande, put the victim's her finger and her mother into the victim's pande, but the above F did not close the Defendant's crime, put the victim out of the victim's pande to the victim's panty, and then put the victim's her finger back into the victim's her hand, and put the victim's her panty.

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