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(영문) 창원지방법원 진주지원 2018.05.31 2017고합102
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was aware of the victim C (the age of 11 at that time) and the victim D (the age of 10 at that time, and the age of 10) that it is difficult for the victim to easily report his/her guardian who sees himself/herself, with the knowledge that it is difficult for the victim to take care of his/her age and to easily report it.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims C (Indecent Acts by blood);

A. On December 2016, the Defendant committed the crime at around Jinju-si, around December 2016, at the living room located in Jinju-si, the Defendant extracted the victim’s infection to the victim C so that the victim may extract the infected and reported TV from next to the victim. The Defendant met the part of the victim’s clothes that the victim left with the victim’s clothes.

Accordingly, the defendant committed an indecent act against a relative related person by force.

B. From December 2, 2016 to February 2, 2017, the Defendant committed the crime: (a) around December 2, 2016 to February 2, 2017; (b) reported that the victim C does not have to take care of and make it difficult for the victim C to do so; and (c) on the side, the Defendant took care of the chest part of the victim’s body on the upper part where the victim suffered.

Accordingly, the defendant committed an indecent act against a relative related person by force.

(c)

On February 2017, the Defendant, at the same place as the above-mentioned A on February 2, 2017, extracted from the victim C his/her infection, extracted from the victim’s infection, and reported TV from the next side to the victim, and made the victim enter it next to the victim. On February 2, 2017, the Defendant: (a) included the victim’s chest in the inside inside the inside of the victim’s entry; and (b) included the victim’s finger in the panty line into the canter; and (c) included the victim’s panty line into the canter.

Accordingly, the defendant committed an indecent act against a relative related person by force.

(d)

On March 2017, the Defendant, while drinking alcohol at the same place as the above A on March 2017, 2017, reported that the victim C would come to the toilet, and said, the victim is the Defendant.

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