성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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.
Punishment of the crime
The defendant is an external third village of the victim D(n, 13 years old).
At around 23:50 on January 6, 2013, the Defendant was locked as the victim at the lower house of the Defendant, 23:50 on the 23:50 date, and the Defendant continued to take care of the victim’s chest and commit an indecent act by inserting the victim’s chest into the victim’s clothes with the victim’s clothes. In other words, the Defendant was able to take care of the victim’s chest with the victim’s her chest, her fingers, her fingers into the victim’s her part, her part, her part, her part, her part, her part, her part, and her part, her her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her face, her face, her part, and her part, her part, her part, and her part, her part, her part, her part.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. A victim video CD;
1. Application of Acts and subordinate statutes to a criminal investigation report (influenced copies);
1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts
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. The proviso to Article 38(1) and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) are difficult to readily conclude that the Defendant has a risk of recommitting a sexual crime due to the lack of force on the part of the Defendant. In this case, the mere fact of personal information registration and taking lectures in treatment of sexual assault can be seen to have the effect of preventing the Defendant from repeating the crime.