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(영문) 의정부지방법원 2016.06.02 2016고합147
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the father and father of the victim D (V, 14 years old).

1. The Defendant: (a) from January 2014;

2. The injured party's chest was frightened by inserting his hand in the clothes of the injured party, which were frightened in depth by drinking frighten fright, and returning home frighten frighted in E, which was frightened by the injured party.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his blood victim's in an impossible state of resistance.

2. On the second half of the 2014, the Defendant diversed the victim’s panty in a panty, where the Defendant diverse and returned home without a fluence, and was in depthd by the injured party.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his blood victim's in an impossible state of resistance.

3. On May 2015, the Defendant: (a) she frighted and frighted on the side of the victim who was locked by drinking and returning home at around June 2015; and (b) her semen frighted on the victim’s face.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his blood victim's in an impossible state of resistance.

4. The defendant has committed the same harm.

9. 16. At the time of the new wall, the sperm was fryed by the victim's face while sitting down next to the victim's locking.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his blood victim's in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

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

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

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the same Article with the largest criminal status];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following sentencing is advantageous to the Supreme Court Decision 201Da11488, May 1, 201).

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