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(영문) 부산지방법원 2015.05.22 2015고합39

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. From July 2012, the Defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by compulsion in relation to relatives)

8. From 01:00 to 02:00, between the defendant's home, the victim D (the 13-year old age) who is a pro-son of the victim of the defendant's home in Busan Dong-gu C is found to have been diving by suffering from the short half-stringrts, and caused his desire to do so, he shall put his finger into the victim's counter part, who is unable to resist, and write down his panty lele, and rhum. The female shall be able to write the panty in his panty line by putting his hand and her hand into the panty line, and then put the panty line into the panty line by other hand.

Thus, the defendant made a quasi-indecent act by force against the victim.

2. On December 15, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse from around 02:00 to around 03:00, the Defendant returned to the same place as paragraph (1) at the same time as that of the victim’s friendly appearance victim E (the 15 years old and the 15 years old) and the victim’s side after moving out his/her her son to the victim beyond his/her her son, and her son from the son’s her son who was unable to sleep, to the lower part of the son’s son, the Defendant she was able to use the son’s son and the son’s son’s son who was fright to resist. 1, 2014. Then, the Defendant got out of the son’s son’s son and the son’s son’s son’s son, and the victim went out to the son’s son’s son.”

Thus, the defendant made a quasi-indecent act by force against the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police video CD with respect to E or D;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Specific Crimes concerning Criminal Facts, Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act;

1. Aggravation for concurrent crimes;