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(영문) 울산지방법원 2014.11.28 2014고합297
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

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 a disabled person of Grade II with hearing disability, the victim C (the age of 15), the victim D (the age of 12), and the victim C is a disabled person of Grade II with hearing disability.

1. The Defendant committed an indecent act, on September 23, 2013, against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Quasi-Indecent Act (a minor, quasi-indecent act under the age of 13) and against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by compulsion in the capacity of the Defendant) committed on the part of the victim D, who is a minor under the age of 13, by committing an indecent act, with the victim D, who was under the age of 13, by reporting the victims to be locked, and by reporting the victims to be locked, by hand, the victims C et al., who were under the age of 13.

Accordingly, the defendant committed an indecent act against the victims by taking advantage of the state of non-performance of the victim D, who was related by blood or marriage, and who was under 13 years of age.

2. Around March to April, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) caused the victim C to see the fact that the victim C has stamped the accelerator with a cell phone at the cell around the day and around April, 2014, and caused the victim C to take a right time to see the victim who did not have a cell phone, and then did not do so.

Therefore, the defendant continued to refuse the victim's refusal, but tried to use the victim's sexual organ, and committed an indecent act by using the victim's sexual organ to injure the defendant's sexual organ between the victim's legs.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a certified copy of resident registration, family relation certificate or removed copy;

1. Each relevant Article of the Act concerning criminal facts;

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