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(영문) 대전지방법원 홍성지원 2019.02.14 2018고합87
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a parent-child of the victim B (a family name, a female) and a relative within the fourth degree of relationship with the victim.

1. In springing around 2017, the Defendant: (a) on the west-gun C building in west-gun, west-gun; and (b) on the Defendant’s house in west-gun; (c) on the part of the Defendant, the Defendant sited on the Defendant’s bucks; (d) on the front and rear the Defendant’s body before and after the buckbucks; (e) on the part of the Defendant’s sexual flag, the Defendant laid the Defendant’s hand onto the right side; (d) on several occasions, she laid the Defendant’s hand onto the victim’s arms by inserting the Defendant’s hand into the victim’s arms; and (e) on the part of the Defendant’s panty; and (e) on the part of the Defendant, she took the Defendant’s hand into the victim’s hand, she boomed the victim’s sexual organ; and (e) by force by force.

2. At around 21:00 on May 2017, the Defendant: (a) 21:00 on the Defendant’s house; (b) frighted the Victim’s hand who intends to cause a new attack (at that time, 13 years old); (c) fright the Victim from behind the Victim’s home; (d) fright the Victim’s seated on the Victim’s home; (c) frighted the Victim’s seat on the Victim’s floor; and (d) fright the Victim’s bed and fright the Victim’s bed; and (d) fright the Victim’s chest into the Victim’s house and fright

3. On May 2018, the Defendant: (a) was parked in front of “FE” located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do in May 1, 2018; (b) was seated in the driver’s seat; (c) was her body on the back seat of the victim (at that time, 14 years old) who was seated in the front of the “FE” located in Seocheon-gun, Seocheon-gun, Chungcheongnam-do; (d) was under the influence of the victim’s entrance alcohol; and (e) was able to put the victim’s chest into the front of the victim’s entrance; and (e) was her blood relationship with him/her; and (e) was her indecent act by compulsion.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B and B;

1. Application of the G dialogue content legislation

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