beta
(영문) 울산지방법원 2019.04.26 2019고합48

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the friendship of the victim B (n, 17 years of age), and the victim C (a family name, 17 years of age) is the friendship of the victim B.

1. Around 03:00 on January 1, 2019, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives), committed sexual assault crimes at the residence of the Defendant located in Ulsan-gu D building, Ulsan-gu, and E, and entered the room of the victim B with the intent to commit sexual assault crimes, and opened the knife inside the body of the victim who was broken away from the body, and opened the knife with the knife inside the body of the victim.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

2. At around 04:00 on September 26, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) entered a room where the victim was able to commit sexual assault and his/her relatives, and the victim C, who was her father and her father, was able to have his/her son covered by the victim, her son and her son, left the room where the victim was diving, and her son was broken off from this lock, and her son was her son up into the lower part of the victim, and her son was her chest, and her son was her chest back, the victim was her body back, and her arms were her arms back, and her her breath was her part of the victim.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to B, C, and F

1. Relevant Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the case name of the crime of indecent act by compulsion in relation to relatives) is stipulated as the case of quasi-indecent act by blood in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(b).