성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 24, 2009, at around 24:00, the defendant was living together with the defendant in Eunpyeong-gu Seoul and B01, and the victim D (the 12 years of age at that time, the her mother, and the her mother, E) who was living together with the defendant, and the defendant's her mother F, and was living together with the victim and F. The defendant was living together with the her mother and the her mother.
As a result, the Defendant committed an indecent act by force against the victim by using that victim who is a relative with blood was unable to resist due to sleep.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement made to D and G by the police officer;
1. Application of a certified copy of resident registration, family relation certificate (victim, defendant) statute;
1. Article 7 (3) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 299 and Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010);
2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).
4. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012) and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, on which the Defendant did not have any history of punishment for any sexual crime of the same kind before committing the instant crime, and the degree of the type of force used in the instant crime or the degree of indecent act is relatively weak, and thus, the Defendant has the habit of sexual crime.
there is a risk of recommitting a crime.