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(영문) 창원지방법원 2019.03.21 2018고합216
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On April 26, 2017, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution as a crime of violation of the Road Traffic Act in the Changwon District Court's Yongsan Branch on April 26, 2017, and the judgment became final and conclusive on May 5, 2017.

【Criminal Facts】

The defendant was under the influence of the victim B(n, 22 years of age).

On April 23, 2016, the Defendant: (a) was in the vicinity of the Seo-gu Incheon, Seo-gu, Incheon; (b) went back to the home of the mother; (c) became the victim; (d) went back to the home of the mother of the mother; (d) went back to the victim; (e) went back to the part of the victim; (e) coming back to the part of the victim; and (e) went back to the part of the victim; and (e) coming into the part of the victim’s mother who was going to the part of the child; (e) coming to the part of the victim; and (e) coming to the part of the victim’s mother who was going to the part of the child; and (e) coming to the part of the victim’s mother who was going to the part of the child of Gyeyang-gu, Incheon; and (e) coming to the part of the victim at the D restaurant located in Gyeyang-gu, Incheon; and (e) went back to the part of the victim’s child of Gyeyang-gu, Incheon.

At around 03:00 on April 24, 2016, the Defendant: (a) committed an indecent act against the victim who was locked at the bedrooms of the trade name inside the above telecom; (b) kidds the victim’s chest by hand; (c) kids the victim’s chest by promptly entering the victim’s chest; and (d) kids the victim’s finger into the victim’s panty, by inserting the hand into the victim’s panty.

As a result, the defendant committed an indecent act against the victim by taking advantage of the mental condition of the victim's relative relation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. B written statements;

1. The police statement concerning B;

1. Investigation report (verification between suspects and the victim's family relationship-4), family relation certificate, etc.;

1. Investigation report (suspect A mother-friendly H and telephone communications after acknowledgement);

1. A mobile analysis report;

1. Previous convictions indicated in the judgment: Before and after disposition, report on results of confirmation, one copy of judgment, and application of Acts and subordinate statutes concerning criminal records;

1. Criminal facts;

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