성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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 the mother-child D of the victim C (V, 15 years old) and the spouse of the law who completed the marriage report on February 10, 2009.
1. The Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (indecent act by blood or marriage) included the Defendant’s panty in the victim’s panty and the part of the victim’s panty, who was locked due to his desire to sleep together with the victim (the age of 10 at the time) around October 209 to December 12, 209.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental and physical loss.
2. On August 2015, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (indecent act by blood) committed an indecent act by blood with the victim at the same place around the new wall, and at the same time, the Defendant was able to take the right chest of the victim who was locked with the victim (the age of 15 at the time) and was locked.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental and physical loss.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation report (Attachment of family relation certificate and interview with victims);
1. Stenographic records or a field map;
1. Application of the statutes on video recording CDs to victims;
1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(3) and Article 7(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 5(3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) [The maximum of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 and Article 50 of the Criminal Code [the punishment shall be added] for concurrent crimes.