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(영문) 서울북부지방법원 2019.11.22 2019고합331
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

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

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

Reasons

Punishment of the crime

The defendant, who was in a de facto relationship with the victim B (n, 24 years of age), was living together with the victim since 201, while living together with the mother of the victim.

On August 25, 2019, from around 02:50 to 03:30, the Defendant: (a) was under the influence of alcohol on a radar car (D) parked in an outdoor parking lot for department stores in Gangnam-gu Seoul Metropolitan Government; (b) was exempted from the victim’s knee and panty to the victim’s knee and kneeel; and (c) laid the victim’s bridge toward the victim’s her hand, her part of the body, such as the Defendant’s finger and the Defendant’s finger, and her part of the body or knee in the victim’s sexual flag.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's mental disorder or inability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Each police statement of E;

1. 112 reported case handling table;

1. A criminal investigation report (on-site photographs), a criminal investigation report (on-site telephone conversations of a witness), a criminal investigation report (on-site telephone conversations of a witness), a criminal investigation report (on-site telephone conversations of a witness), a criminal investigation report (related to telephone conversations of a victim), a criminal investigation report (Attachment toCCTV), a criminal investigation report (on-site identification report), and a criminal investigation report (related to the results of a

1. The application of Acts and subordinate statutes to written requests for appraisal, written reports on genes and written legal appraisal;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend;

1. An order to disclose or notify, or an order to disclose or notify an employment restriction order: Exemption from an order under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Sex Offenses, and the proviso to Article 50 (1): The Act on the Protection of Children and Juveniles against Sexual Abuse;

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