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(영문) 청주지방법원 2020.05.15 2020고합1

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has a de facto marital relationship with the victim B (a family name, a female) for about 20 years before the victim C and a person who has a de facto marital relationship with the victim.

Since December 2018, the victim's father D left the victim's friendship C and the defendant with the victim's friendship, and from that time, the defendant was living together with the victim at the defendant's home located in the reasonable E apartment F of Cheongju-si.

From December 15, 2018 to July 15, 2019, the Defendant used the crepans of the victim (3 to 4 years of age at the time) at the above defendant's house, and crepans of the victim (3 to 4 years of age), she was placed on the floor without panty panty, laid off the victim's panty, laid off the victim's panty, laid off the victim's panty on the part of her hand, laid the victim's sexual organ on the part of the victim's sound, she was forced by force against the victim's body above.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statements and stenographic records recorded in the video CD;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to report internal investigation (the attachment of observation date for the submission of teachers to hold child-care centers accompanying victims, and the attachment of video records of interview with victims submitted by H counselors);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act on the Punishment, etc. of Sexual Crimes;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure orders and notification orders;