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(영문) 대전지방법원 2013.07.25 2013고합150 (1)
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

From around 2003, the defendant is the mother of the victim C(here, 20 years of age) who was in a de facto marital relationship with D.

1. On September 1, 2012, the Defendant got out of the house of the Defendant located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon. On September 2012, the Defendant continued to carry out the Defendant’s knife by getting out in order of the Defendant, D, and the victim’s knife by going back from the body above D’s body to face his hand, and continued to carry out the Defendant’s knife even if the Defendant had knife the Defendant’s hand.

In this regard, the victim's side of the defendant who occurred in the place of the defendant "I do not tell the defendant, and Is the victim's bridge with the victim's hand hand by hand, and by inserting his hand, Isn't commit the victim's blood by force.

2. On February 20, 2013, the Defendant, at the home of the above Defendant, kidddding the victim at his home, and her knished with his her knick, her knick, and forced the victim to commit an indecent act by force.

3. 피고인은 2013. 2. 26. 오후경 위 피고인의 집 안방에서 피해자와 둘이서 텔레비전을 보던 중, 갑자기 피해자의 입술에 입을 맞추고 가슴을 만졌고, 이에 피해자가 "하지마세요."라고 말하면서 피고인을 뿌리쳤음에도 피해자의 웃옷을 위로 올린 다음 피해자의 가슴을 혀로 핥아 친족관계에 있는 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Partial statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing recording records;

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 the same shall apply), Article 298 of the Criminal Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and Article 1 of the Criminal Act shall be the most severe judgment.

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