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(영문) 인천지방법원 부천지원 2019.09.20 2019고합152
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

1. The Defendant is a person with a 3rd degree of intellectual disability, who is in the friendship of the victim B, in violation of the Act on the Punishment, etc. of Sexual Crimes.

In February 2019, the Defendant got off buckbucks by the victim B (V, 27 years of age) who was a friendly student who was reporting TV in the dwelling space of the Defendant located in Seocheon-si, Seocheon-si, 2019.

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

B. At around 22:00 on March 3, 2019, the Defendant, while talking with the victim B at the Defendant’s residence, attempted several times to look at the victim’s chest by hand while saying, “I cannot see that there is no satisfing with any satch,” and tried to look at the victim’s chest as a hand. However, the Defendant did not refuse to do so and attempted to escape.

Accordingly, the defendant attempted to commit an indecent act by compulsion by blood.

2. Special intimidation: (a) around 21:50 on March 8, 2019, the Defendant raised the victim B and the Defendant’s house at the home of the victim B and the Defendant’s house in his/her residence.

During a dispute with the dead pet, it refers to the victim's "Ba" on the ground that the victim does not have the mind of horse speculation, and the kitchen knife (30 cm in total length, 20 cm in knife) which is a dangerous object at the bottom of the kitchen kitchen in the above dwelling area, and the victim got to the victim as the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Each police statement concerning B and F;

1. BWritten statement;

1. Recording notes;

1. Application of Acts and subordinate statutes to photographs of kitchens;

1. A person who attempts to commit a crime by blood or marriage pursuant to Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes and Articles 5(2) and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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