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(영문) 제주지방법원 2015.05.14 2014고합203
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the father of the victim C (son, D) and the wife of the Defendant, who is the father of the victim, was divorced from around 2006 to October 201, and divorced from around 2013, and committed the following crimes while raising the victim in the Defendant’s residence from around 2013 to the end of December 2013.

1. 성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행) 피고인은 2010년 일자불상 밤 시간경 제주시 E에 있는 피고인의 주거지 방 안에서, 바닥에 누워 텔레비전을 시청하고 있는 피해자(당시 8~9세)에게 다가가 옆에 누운 다음 갑자기 상의 속으로 손을 집어넣어 피해자의 가슴 부위를 만지고, 이에 피해자가 하지 말라며 거부의 의사를 표시하는 것을 무시하고 “내 껀데, 어떻냐”는 취지로 말하면서 이어 손을 피해자의 팬티 속으로 집어넣어 피해자의 음부를 만지는 등으로 피해자를 강제로 추행하였다.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. From March 2012 to August 201 of the same year, the Defendant continued his act by inserting his hand within the residence room of the above Defendant from March 2012 to around August 2012, and by inserting his hand into the upper part of the victim (at that time, 10 to 11 years of age), leading the victim’s breast part by inserting his hand into the victim’s panty, leaving his hand into the victim’s panty, leaving the victim’s panty part, and disregarding the victim’s intention of refusal.

In order to stop the act of the victim's refusal, the victim forced the victim to commit an indecent act.

B. From December 20, 2013 to the next day, the Defendant, within the residence room of the above Defendant from around 22:0 to 23:00 on the day following the said date, accumulated the Defendant’s bridge behind the victim (at that time 12 years old), who was living together on the floor and was living together with his/her cell phone, set off his/her own bridge on the victim’s body, and carried out the Defendant’s body.

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