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(영문) 인천지방법원 2020.02.14 2019고합676

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

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

The defendant is in the absence of a victim B(n, 16 years of age).

Around the winter of 2016, the Defendant placed his hand in the clothes of the victim (at that time he was 13 years old) who was divingd in the head of Michuhol-gu, Incheon Metropolitan City C apartment Dong, and inside the inner bed, and her chest was delivered to the victim.

In this respect, the Defendant committed quasi-indecent act by compulsion of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D, the witness E and the F's legal statement;

1. Partial entry of the suspect interrogation protocol against the defendant;

1. Some of the protocol of interrogation of each police officer against the defendant and E

1. Videos recorded in a victim’s statement video CD;

1. stenographic records or each recording book (No. 16-1, No. 2 of the evidence list No. 16-1, and the additional evidence list);

1. Application of Acts and subordinate statutes to investigation reports (verification and attachment of suspect and victim family relation certificates);

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. The fact that the defendant has no record of criminal punishment, and that the registration of personal information alone seems to have the effect of preventing recidivism by the defendant, as well as the age, occupation, family environment and social relationship of the defendant, and the details, background, and circumstances of the crime in this case.