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(영문) 서울남부지방법원 2016.05.26 2015고합175
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From the beginning of 2007 to the beginning of September 2008, the Defendant lived together with the mother of the victim and the her mother in his residence in Busan, from the beginning of 2007 to the beginning of 2008.

1. The Defendant, from May 2007 to June 17:00 to June, 200, sent the victim’s her own will at around 20:00.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. The Defendant: (a) was playing a bridge at the victim’s residence on a date unclaimed border around the day before the winter vacation began in 2007; (b) went off the victim’s course, and tried to put the victim’s sexual organ into the victim’s entrance after getting out of the floor.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

3. On September 1, 2008, when the defendant sawd the victim from the rear in his residence on the first and second day of September, 2008, the defendant sent his hand to the victim by inserting his hand into the panty of the victim.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. C's statement recorded in the video recording time of victims;

1. Recording records of statements made by victims;

1. Application of Acts and subordinate statutes, such as family relation certificate for victims;

1. Article 4 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 7 (2) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10261, Apr. 15, 2010); Article 298 of the Criminal Act.

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