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(영문) 수원지방법원 성남지원 2016.07.21 2016고합61

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

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

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is the friendship of the victim C(D).

1. On June 8, 2015, the Defendant committed the instant crime: (a) on the victim’s bridge living together with the victim in Gwangju-si, Gwangju-si; (b) on the victim’s bridge living together with the victim in his/her dwelling area, the Defendant laid the Defendant out on the victim’s bridge that he/she was living together with the victim in Gwangju-si; (c) on the victim’s pande, the victim’s hand in his/her panty, put the victim’s hand into the victim’s hand; (d) the victim’s jum and the part of his/her jum were taken in charge of the victim’s chest; and (e) the victim’s chest was forced by force by inserting the victim’s chest.

Accordingly, the defendant committed indecent acts against the victim who is a child under 13 years of age.

2. On 2015, the Defendant: (a) committed an indecent act by force against the victim (hereinafter “the victim”) at the same place as (i) A around 2015, at the same time as (ii) B around 2015, by inserting the Defendant’s grandchildren into the inner part of the victim; (iii) putting the Defendant’s grandchildren into the inner part of the victim; and (iv) putting the victim’s chest into the inner part of the victim’s chest.

Accordingly, the defendant committed indecent acts against the victim who is a child under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of the Acts and subordinate statutes on the resident registration table to additional questionnaires to prevent sexual assault, each counseling record book, family relation certificate, and resident registration card;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crime (the point of compulsory indecent act by blood) and Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 (the point of compulsory indecent act by a minor under the age of 13) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (in the case of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in the case of forced indecent act by blood) and a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in the case of forced indecent act by blood). The crime is a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (in the case of forced indecent act by blood) as stated in Article 40