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(영문) 대구지방법원 2014.10.10 2014고합370
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship while living together with D, a parent of the victim P(n, 15 years of age) from 2005.

1. 피고인은 2012. 8. 2.경 대구 수성구 F 소재 피해자의 집 방안에서 피해자를 강제추행하기로 마음먹고 잠들어 있는 피해자의 상의 안으로 손을 넣어 가슴을 수회 주무르고 젖꼭지를 수회 빨고 음부 안으로 손가락을 집어넣는 등 친족관계인 피해자를 강제로 추행하였다.

2. In springing around 2013, the Defendant, at the same place as Paragraph 1, committed an indecent act by force against the victim, such as having the victim’s chest who was locked by force, by forcing the victim to take care of his or her chest.

3. In 2013, the Defendant: (a) committed an indecent act by force on the part of the victim, who had a mind to force the indecent act by force on the part of the victim at the same place as that of paragraph (1) in early 2013; and (b) committed several indecent acts on the part of the victim.

4. On March 2014, the Defendant: (a) committed an indecent act by force against the victim, who had a mind to force the victim to force indecent acts by force at the same place as that of paragraph (1) on March 1, 2014, left behind the victim’s rear who had a leg to force indecent acts by force; and (b) committed an indecent act against the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statement statement to P;

1. Articles 5 (2) and 5 (2) 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), Article 298 of the Criminal Act concerning criminal facts, and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by blood relatives as stated in paragraph (4) of the same Article) concerning criminal facts;

1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (4) of the Criminal Act shall be the largest criminal facts in the judgment;

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