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(영문) 수원지방법원 2014.06.26 2014고합135
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)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 husband of the victim C(n, 20 years of age) and the victim D(n, 22 years of age).

1. Around August 17, 2013, the Defendant committed an indecent act by taking the victim C’s face, who was under the influence of alcohol at the small location of the Defendant’s residence, 114 Dong 206, Osan-si, Madon around the new wall on August 17, 2013, in two hands.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's blood victim C's state of non-performance.

2. On November 12, 2013, the Defendant committed the crime around November 12, 2013, around 01:30, the Defendant: (a) kiddd the chest of the victim D, who was living in the above Defendant’s residence; (b) kidd the victim’s chest with the defect of the victim’s locking the Defendant; (c) kidd the victim’s frighting the victim’s resistance to the victim’s body; (d) kid the victim’s chest; (e) flad the victim’s chest; (e) flad the victim’s chest; and (e) flad the victim’s chest’s chest and panty; (e) flad the Defendant’s sexual organ into the victim’s sexual flag; and (e)

3. Around November 13, 2013, the Defendant committed the crime: (a) around 01:30 on November 13, 2013, the Defendant laid down the body body of the victim D, who was frighted in the beds in Incheon, and laid down the brode and the clothes of the victim D; (b) laid down the brogate and the clothes in his hand, and forced indecent act by force.

Accordingly, the defendant's blood victim D was indecently committed by indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Recording notes, transcript CDs, or video tape CDs;

1. Case transfer notes and each investigation report (Evidence Nos. 4, 7, 12, 14);

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Articles 299 and 298 of the Criminal Act, Article 297-2 of the Criminal Act, Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Criminal Act.

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