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(영문) 서울남부지방법원 2013.10.28 2012고합582
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the indecent act by force around May 201 and March 8, 2012.

Reasons

Punishment of the crime

On April 27, 2001, the defendant filed a marriage report with the victim E (V, 40 years of age) and on April 27, 2001, as a person with no certain occupation.

The Defendant lived in the same house as the victim from April 2008 to March 9, 2012.

1. On May 9, 201, at around 14:00, the Defendant: (a) reported G Apartment 901, G Apartment 901, the Defendant’s residence in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and the victim E (n, 40 years old); (b) reported the victim’s desire to take care of the victim; and (c) forced the victim to take the victim into custody in the victim’s panty and boom; and (d) committed an indecent act by force against the victim.

2. At around 15:00 on July 201, 201, the Defendant: (a) had the victim feel humping at the inner room of the above Defendant’s residence; (b) had the victim feel humping, and the victim enter the inner room in a timely manner; and (c) forcedly lying the victim into the bed and panty in a panty, and forced the victim to commit an indecent act by putting the victim into the panty.

3. At around 06:00 on September 201, 201, the Defendant: (a) carried the victim’s room at the victim’s place of residence; (b) carried the victim’s panty, knife the victim’s hand into the victim’s room; and (c) pushed the victim into the victim’s panty; and (d) carried the victim’s knife the victim’s knife; and (c) committed an indecent act by force by force.

Summary of Evidence

1. The second trial records on witnesses E, and the fourth trial records on witnesses H;

1. The E-statement of the defendant's interrogation protocol

1. Statement to E by the police;

1. A complaint and E statements;

1. Application of the statutes governing video CDs and marriage relation certificates;

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”), Article 298 of the Criminal Act concerning criminal facts

1. Aggravation for concurrent crimes;

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