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(영문) 광주지방법원 장흥지원 2017.12.28 2017고합16
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the victim C (V, 16 years old) who is a small father.

1. On June 2017, the Defendant displayed a dong (dial-a-mail video) stored in his/her cell phone while setting a low-priced pet car at around 23:00, the Defendant committed the act of coercioning the victim’s chest and committing an indecent act by force against a relative-related person by putting him/her on his/her own cell phone and inserting it into the victim’s chest on the part of the victimized person, and putting him/her on the victim’s chest on the part of the victimized person, and putting him/herself on the victim’s chest.

2. The crime committed on August 26, 2017;

가. 피고인은 2017. 8. 26. 17:00 경 전 남 장흥군 D에 있는 축사에서, 개에게 별 사탕을 주고 있는 피해자에게 “ 너 젖꼭지가 별 사탕만 하구 나 ”라고 하면서 손을 상의 속으로 넣고 브래지어를 들어 올리고 피해자의 가슴을 만져 친족 관계인 사람을 강제로 추행하였다.

B. On August 26, 2017, around 19:00, the Defendant committed an indecent act by force against a person related to the victim, who was living in the house of the Defendant located in Heung-gun E, and who was living in his house, due to the victim’s own fault, committed an indecent act by force on the part of the relative.

3. The Defendant, at around August 27, 2017, committed the crime, around 09:30 on August 27, 2017, committed an indecent act by force against a person related to the victim, who shows that he/she was about to the victim, raised the victim’s door, booms his/her leg by cutting down his/her leg, and her brogate by cutting down his/her brogate, and her chest by cutting off his/her panty, and panty, laid off the damaged person above the brogate, and forced him/her to look back with the sound of the victim, and forced him/her to commit an indecent act by force.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes governing recording recording of statements;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. The crime under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which is the largest of concurrent crimes (the crime committed on August 27, 2017).

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