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(영문) 부산지방법원 서부지원 2019.01.24 2018고합251

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)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 shall be the father of the victim B (V, 13 years of age).

1. On October 2017, at around 22:00, the defendant's house located in Busan Yagu C building, and the defendant's house located in subparagraph d, put his hand into the part of the victim's body and met his hand, put his hand into the part of the victim's chest, and put his chest into the part of the victim's body;

2. On May 2018, 2018, among the panty of the victim himself/herself, he/she sawd him/herself as panty of the victim, put his/her finger into the panty, knife his/her finger into the brode, knife his/her chest by inserting his/her finger into the brode, and met the chest of the victim;

3. At around 21:00 as of June 21, 2018, when the defendant's house was being carried in together with the victim, the victim's chest was placed in the panty of the victim himself/herself, and the victim's chest was only her finger by inserting his/her finger into the brogate, and the victim's chest was only her chest by inserting his/her finger into the brogate;

4. Around 15:00 on August 2018, 2018, when the defendant's house was under way with the victim's house, the victim's chest was stored in the brods of the victim himself/herself, and the brods of the victim.

As a result, the Defendant committed an indecent act against the victim who is a relative and child or juvenile, and at the same time abused sexual harassment, etc. that causes a sense of sexual shame to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B's statement recorded in the video CD;

1. Statement to E by the police;

1. A report on investigation (Attachment of a field photograph);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of F dialogue between the victim's mother and the suspect);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 71 (1) 1-2 and subparagraph 2 of Article 17 of the Child Welfare Act (a point of committing sexual abuse against a child);

1. The largest punishment provided for in Articles 40 and 50 of the Criminal Act shall be imposed;