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(영문) 서울동부지방법원 2013.04.25 2012고합651
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around March 2003 to March 2012, the Defendant was in de facto marital relationship with D, the mother of the victim C (n, 28 years of age).

1. Around January 2006, the Defendant committed an indecent act by force against the victim by rhyming the victim’s mar while playing the victim’s room inside the room of Gangdong-gu Seoul E building 501.

2. Around July 2007, the Defendant: (a) placed the victim’s body body in a 501 room in the above E-building and breathed into the victim’s body that is under the influence of indecent act by compulsion; (b) her chest and her finger were boomed into the victim’s panty line; and (c) forced the victim to commit an indecent act by inserting her finger and her hand into the victim’s panty.

3. On July 2009, the Defendant committed an indecent act by forcing the victim by inserting the victim’s hand on the road side of the Defendant’s car located in Echeon-si, Leecheon-si, with the victim’s hand, with the victim’s hand, knife the victim’s hand, knife and knife the victim’s knife and knife the victim’s knife into the victim’s entrance, and knife the victim into the victim’s entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by each prosecutor to the prosecution against D, F, and victims;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to investigation reports (the date of acquiring a victim C's driver's license);

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(2) and (5) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 42 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest punishment among concurrent crimes.

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