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(영문) 수원지방법원 안산지원 2016.02.19 2015고합335 (1)
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship with D, and the victim E is a wife of D.

1. On April 1, 2012, from 04:00 to 05:00 on April 1, 2012, the Defendant committed an indecent act by blood relatives and forced indecent act by compulsion of a person under the age of 13 committed an indecent act by taking advantage of the victim’s resistanceable condition against the victim (the age of 11 at that time) who was divingd in his own house located in Ansan-gu F in his house located in Ansan-gu, Y-gu, Ansan-si, and kicing the victim into the clothes, and kicing the victim. From that time until February 2014, the Defendant committed an indecent act by taking advantage of the victim’s resistance impossible condition.

2. On September 1, 2014, the Defendant, who committed an indecent act by blood, committed an indecent act committed an indecent act by taking advantage of the victim’s state of resistance against relatives, including the fact that the said victim’s chest and her chest who was locked at his/her home, was sleeped with clothes. From that time until May 2015, the Defendant committed an indecent act by taking advantage of the victim’s state of resistance against relatives, such as Article 6-9 of the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Stenographic records of E’s statement.

4. Application of Acts and subordinate statutes governing family relations certificates;

1. Relevant legal provisions concerning criminal facts;

A. (1) The charge of an indecent act by one’s blood relative’s blood: Article 5(3), (2), and (5) 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) and Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply): At least five years: Article 5(3), (2), and (5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act

B. (1) Violation of Article 7(4) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 299 of the former Criminal Act: for a period of not less than five years, Article 7(4) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the former Criminal Act: (2) of the List of Crimes No. 2-5 of the List of Crimes:

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