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(영문) 춘천지방법원 2017.02.10 2016고합124
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim C (25 years old, female)'s father and mother.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (voluntary indecent acts committed by blood or marriage);

A. On 2013, the Defendant: (a) reported the victim under the influence of alcohol at the Defendant’s residence located in Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, Gyeongcheon-si, with the intent of committing an indecent act against the victim; (b) exceeded the victim’s will and panty; and (c) written the victim in his hand.

Accordingly, the blood related defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss or the impossibility of resistance.

B. On January 201, 2014, the Defendant: (a) reported the victim’s room in the Defendant’s room located in Chuncheon-si, Sincheon-si; and (b) led the victim to commit an indecent act against the victim; (c) the victim was “a person who is married with his or her wife”; and (d) took the victim into account both arms.

Accordingly, the blood related defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss or the impossibility of resistance.

(c)

On November 2015, the Defendant: (a) 01:00 around 01:0, together with his family members at the same place as 1(b) of around 01:00, performed alcohol and had the victim drink to report the victim’s breath in the room; and (b) had the victim drinkd with his arms in order to commit an indecent act against the victim; and (c) had the victim dance with his arms.

Accordingly, the blood related defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss or the impossibility of resistance.

2. On August 7, 2016, around 01:30 on August 7, 201, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood or marriage, etc.), committed an indecent act against the victim by reporting the victim who gets in a ward at the same place as paragraph 1(b). On the victim’s side, the Defendant, who took over the victim’s left hand, led the victim to the Defendant’s sexual organ, led the victim to wrap the Defendant’s sexual organ.

Accordingly, the defendant related to relatives is forced to make a victim.

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