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(영문) 광주지방법원 2013.03.28 2012고합1113

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

In addition, around 07:00 on June 28, 2012, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") asserts to the effect that at the time, the defendant, who was diving, was at the defendant's house located in Gwangju Northern-gu C, was at the seat of the victim.

However, in light of the victim's police statement, it is judged that the victim was locked at the time and the victim was locked due to the above act of the defendant, and therefore, at the time of the crime of this case, the victim was judged to have been able to resist.

The fingers and the chests of the victim were stored in the clothes of the victim D (mast, 12 years old) who is a friendship, in which the fingers were collected.

Accordingly, the Defendant committed indecent act against the victim by taking advantage of the state of difficulty to resist due to the water surface.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on family relation certificate;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation, community service or lecture attendance order under Article 62-2 of the Criminal Act, the main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children

1. Reasons for sentencing of a child or juvenile exempt from disclosure or notification order, and the proviso to Article 38 (1) or the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the circumstances, etc. seen below as the grounds for sentencing, it is difficult to see that the defendant is likely to recommit a sexual crime, and thus, it shall not disclose or notify personal information

1. The Defendant’s ageed victims are potable, string, and kid by a cleaning agent without standing, and the victim’s care needs to be taken. The Defendant’s sexual records are written from “here’s daughters.”