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(영문) 전주지방법원 2017.12.21 2017고합220

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a mother of the victim D (n, 16 years of age).

1. On 2010, the Defendant: (a) committed the crime at around the 2010, 2010, viewed the victim’s sexual organ on the part of the victim, who was sitting in the victim’s room in the front North Korean-gun E (the age nine at the time of the commission of the crime) and was living in the victim’s room in his/her dwelling; (b) made the victim’s chest with his/her own hand, she met with the victim’s chest; and (c) made the victim take a part in the bed; and (d) made the victim take part in the bed; and (e) she also

Accordingly, the defendant committed an indecent act against the victim's kinship.

2. On January 2016, the Defendant, at the same place as above, 2016, viewed the victim’s sexual organ by putting the victim’s chest on his/her own hand and let the victim take her part in the bend, and her part in the bend, and she also viewed the victim’s reflects the victim’s sexual organ, i.e., the victim’s half-brin and clothes.

Accordingly, the defendant committed an indecent act against the victim's kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (D);

1. Each police statement made to F and G;

1. Application of the investigation report (Attachment, such as a certified copy related to kinship between the suspect and the victim), and a certified copy of the expulsion from the military register;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [aggravating concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggravated Indecent Acts by Relatives) in the name of a more severe criminal penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.