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(영문) 대전지방법원 홍성지원 2015.12.17 2015고합63
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

The defendant is a person who is a father of the victim D (V, 20 years of age).

On February 2, 2015, the Defendant: (a) talked at the Defendant’s house located in Seocheon-gun, Seocheon-gun, Chungcheongnam-do around the lower day on February 2015 at the Defendant’s house located in Seocheon-gun, Chungcheongnam-do; (b) talked with the victim as a matter of the college registration fee; (c) talked with the victim’s bridge by hand; (d) kid the victim’s bridge with the wall, kids, kids, and boomed the victim; (e) kids, kis the victim into the left side; (d) kis, kis, kis, and kis, kis the victim’s kis; and (e) kis the victim’s body was forced by force, such as the victim’s body kis.

In addition, from springing around 2007 to the above date, the Defendant committed an indecent act by force on 18 occasions in total, such as the list of crimes in the annexed list.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, F, G, and H;

1. Application of family relation certificates and Acts and subordinate statutes;

1. Article applicable to criminal facts;

A. The point of indecent act by compulsion 1 attached to the list of crimes: Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 298 of the Criminal Act [Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)];

B. The point of each indecent act by compulsion 2 through 6 attached hereto: Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”); Article 298 of the Criminal Act

(c) annex.

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