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(영문) 춘천지방법원 강릉지원 2013.05.23 2013고합21
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

1. On June 9, 201, the Defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) discovered that the victim D (V, 14 years of age) who was a knicker in his/her place of residence located in Gangnam-si, Gangnam-si, was in mind of committing an indecent act against the victim by pointing out that he/she was able to commit an indecent act against the victim, putting the victim’s clothes out of the victim’s inner part, putting the victim’s fingers in hand, putting the victim’s breasts in hand, and committing an indecent act against the victim, such as committing an indecent act against the victim’s sexual intercourse.

As a result, the defendant committed an indecent act against the victim by taking advantage of the mental condition of the victim.

2. 피고인은 2011. 7. 10. 21:00경 E에 있는 ‘F학원’ 부근에 주차한 G 아토스 승용차 안에서, 욕정을 일으켜 위 피해자를 강제 추행하기로 마음먹고, 피해자가 앉아 있던 조수석 의자를 갑자기 뒤로 눕혀 피해자의 반항을 억압한 다음 “진짜 못 참겠다. 한 번만 하자. 눈감아 달라.”고 말하면서 피해자의 목과 가슴을 입으로 핥고, 피해자의 가슴 및 성기를 손으로 만지고 더듬는 등 피해자를 추행하였다.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

3. On July 10, 201, the Defendant, without a car driver’s license, driven approximately three kilometers of G arching car, which is one’s wife, from the front road of Gangnam-si to the front road of “FFA” located in E, on July 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or I;

1. A certified copy of the removal;

1. Application of the Act and subordinate statutes to the investigation report (as to the situation at the time of criminal conduct);

1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the Road Traffic Act.

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