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(영문) 인천지방법원 2019.07.12 2019고합290
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In 209, the defendant married with the spouse B in 2009, and is a sheshesheshesheshes in the victim C who was born between the spouse and the former husband, and living together with the victim.

1. On August 13, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) stated that the Defendant committed an indecent act by using the victim’s “influence” condition where the victim was unable to make a normal judgment on sexual acts due to mental disorder or food disorder, and “non-fluence” means a situation where psychological or physical resistance is impossible due to any reason other than non-fluence, while “non-fluence” means a case where psychological or physical resistance is unable to be made due to mental disorder or food disorder, and “non-fluence” means a case where psychological or physical resistance is impossible due to any reason other than non-fluence.

In light of the fact that the defendant's right to defense is not impeded even if he/she alters the "unsatisfy" of the facts charged into "unsatisfy", he/she will change ex officio without changing the indictment.

An indecent act was committed by using the state.

2. On October 22, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, Dec. 18, 2018), committed by the Defendant in the residence of the Defendant as stated in paragraph (1) around 18:00, and despite the Defendant’s indecent act continued from around 2014, the victim’s mother was unable to report damage to the Defendant’s unjust act by using that the victim’s mother was unable to properly report damage to the Defendant’s wrongful act, and the victim was a child or juvenile who reported on his/her cell phone above his/her intrusion (the victim’s 14 years old at that time). The Defendant was able to keep his/her finger inside the victim’s clothes.

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