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(영문) 인천지방법원 2020.09.24 2020고합344
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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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

The Defendant is the father of the victim B (here, the current 19 years of age, hereinafter referred to as the “victim”), and the guardian who has actually married with the mother of the victim in 209 and has protected and brought up the victim.

1. Violation of the Child Welfare Act (child abuse);

A. Physical abuse 1) On October 2018, the Defendant, at the place of residence in Seo-gu Incheon, and on the ground that the said victim (at that time 12 years of age) made a false statement, inflicted bodily injury upon the victim’s face when 10 times the victim was faced with the victim’s face. Accordingly, the Defendant committed physical abuse that damages the victim’s body. (ii) around October 2018, the Defendant, at the place of residence in Seo-gu, Incheon Metropolitan City, inflicted bodily injury upon the victim (at that time, 17 years of age) by considering the victim’s face from drinking to the victim’s face from drinking.

As a result, the Defendant committed physical abuse that may injure the body of a child victim or harm the health and development of the body.

B. The Defendant, at the time of 2012, threatened the victim by stating that “The Defendant, at the time of 2012, could die by her head after her head,” he/she saw the victim as having her panty, which is a dangerous object stored in the kitchen scam in the Seo-gu Incheon, Seo-gu, Incheon.”

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On September 2015, the Defendant: (a) around 16:00 to 17:00 on the date, at a residential room located in Seo-gu Incheon, Seo-gu, Incheon; (b) 14 years old; and (c) 14 years old; (d) the victim “person with a thickness potential” refers to the victim as “a person with a thickness potential; and (e) the victim was drinking due to frequent verbal abuse and assault of the Defendant at ordinary times; and (e) the Defendant was placed on a boom with the Defendant and the victim’s hand below the victim’s hand.

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