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(영문) 광주지방법원 2015.02.06 2014고합419

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)

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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On January 1, 2014, the Defendant committed an indecent act against the victim who was flited by the victim D (here, 13 years of age; hereinafter “victim”) who was flited from the defendant’s home located in Gwangju Mine-gu, 02:0 on the lower day, and committed an indecent act against the victim who was flited by taking advantage of the victim’s state of refusal to resist.

2. On April 2014, 2014, the Defendant: (a) deemed that the victim was divingd at the Defendant’s house 01:00 on the first and second anniversary of the date; (b) placed the victim’s thirrhy by inserting her finger, and her finger by inserting her finger with the victim’s blurbrost, thereby committing an indecent act against the victim who was in kinship by taking advantage of the victim’s state of refusal to resist.

3. On April 17, 2014, the Defendant reported that the victim was locked at the Defendant’s home room, and committed an indecent act against the victim’s kinship by inserting her fingers into the victim’s boom, and by using the victim’s state of failing to resist.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Any statement made by the witness E in compliance with this Act;

1. The application of Acts and subordinate statutes that include statements made by assistant judicial police officers in D, which fit for such statement;

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravated Punishment of Concurrent Crimes prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the first and second anniversary of the largest penalty] among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

1. The victim and the mother of the victim under Article 62(1) of the Criminal Act expressed their intention not to be punished against the defendant at the investigation stage.