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(영문) 서울중앙지방법원 2016.11.10 2016고합961
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A 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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After having divorced with the wife of the victim C (n, 20 years of age) for about 10 years prior to the divorce, the Defendant got home while living in the domicile of the defendant in Gangnam-gu Seoul, Gangnam-gu, Seoul, by drinking away with the part of the victim who was living in the body of the victim, or by drinking out the part of the victim who was living in the body of the victim to avoid this, and the victim took a part in the wall.

1. From August 24, 2015 to September 17, 2015, the Defendant 1:00 to September 17, 2015, at the victim’s room in the Defendant’s residence, the Defendant diversed the victim’s room on the left side of the victim who diversing the drinking and returned home, and she dythd up about 2 minutes of the victim’s drinking with the victim’s drinking part on his/her hand, and deducted the victim’s back and hand.

2. At around 02:30 on April 5, 2016, the Defendant: (a) sent the victim’s room in the above residence; (b) sent the victim’s words, “the bankruptcy application procedure was complicated” after drinking alcohol and staying home; and (c) took the toilet back to the victim’s bet the victim’s left hand after taking it back to the victim’s sleep; and (d) rhing the toilet into the victim’s left hand; and (e) rhing the victim’s dial-a-a-a-d-a-d-a-d-a-d-a-d-a-d-a-d-a-a-mail; and (e) has many male experience. The love person is well-known and well-known. However, at first, marriage is well-known with the victim’s right side of the victim’s sexual organ.”

We repeated the detachedness.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. 112 Reporting case handling table; and

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

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

1. Article 37 of the Criminal Code among concurrent crimes.

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