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(영문) 대구지방법원 2017.03.31 2016고합535

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is the father of the victim D (n, 16 years of age) who is a child or juvenile.

On April 10, 2016, at around 09:30 on April 10, 2016, the Defendant saw that the Defendant was able to come to a table at the Defendant’s house located in Daegu Dong-gu, Daegu, and became aware of the Victim’s chests, and, at the same time, the Defendant saw that he was able to talk with the Victim, “I am much about how much the Defendant was her chests,” and “I am only twice the Victim’s chests with two descendants, and the Defendant continued to move the Victim to the damaged ward and went to the damaged ward, etc., and got the Victim’s breasts of the Victim.

Accordingly, the defendant committed an indecent act against a child or juvenile victim who is a relative of the child or juvenile.

It is necessary to attach a location tracking electronic device to check whether the defendant has performed his/her obligations for a certain period of time during the period of protection observation while suspending the execution of punishment against the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of statements made in D;

1. Family relation certificate;

1. In full view of the evidence as seen earlier prior to the necessity of attaching an electronic tracking device for a certain period of time during the period of protection observation, the need to attach a location tracking device to the Defendant is recognized in order to verify whether the Defendant has complied with the obligation during the period of protection observation, taking account of the following circumstances as revealed in the text of the Daegu District Court Decision 2010 Gohap 467, Daegu High Court Decision 2010 Gohap 516, Daegu High Court Decision, and the written investigation before the claim, and the records and arguments of this case.

① On January 13, 2011, the Defendant was sentenced to a suspended sentence of five years for a period of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on the Punishment, etc. of Sexual Crimes (a minor rape, etc. under the age of 13) on the criminal facts that “the Defendant, by putting the victims (the victims, 10 years of age) in panty and forced the victims to talk with their hands.”