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(영문) 대전지방법원 서산지원 2019.10.23 2019고합79
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant resided with victims from January 2015, as the legal spouse B (mast, 40 years of age) and the victim C (a family name, female, 14 years of age) of the victim B, and as the sheshesheshesheshe was living with victims from January 2015.

1. Around August 5, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion in relation to Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion in relation to relatives) carried out by the victim C who was diving from the floor of the house of the Defendant located in D at the time of Jinjin-si on August 5, 2019, and the Defendant carried out his/her fingers by inserting his/her fingers from the victim’s inner part of the victim who was faced with his/her string and her sleepd with his/her fingers, and her fingers by inserting his/her fingers into the victim’s panty.

Accordingly, the defendant committed an indecent act against the victim, who is a child or juvenile relative.

2. On August 5, 2019, the Defendant causing property damage: (a) at the Defendant’s house as indicated in Paragraph (1) around 04:40 on August 5, 2019; (b) at the victim B resisted the Defendant with respect to the facts that the Defendant committed an indecent act by the Defendant as above; (c) at the Defendant’s house, the Defendant collected the house located in the living room while taking a bath, and damaged the Defendant’s computer monitor at the cost of KRW 200,000,000, the market price of the Defendant and the victim’s joint ownership; (d) one strawer at the cost of KRW 30,00,000,000, the market price of KRW 30,000,000, and (d) the Defendant’s entrance and the Defendant’s son

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutor's office with regard to C (tentative name);

1. The police statement concerning B;

1. On-site photographs;

1. Marriage relation certificate, family relation certificate, certified copy of the resident registration, and expulsion;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and the protection of children and juveniles against sexual abuse;

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