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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On January 2012, the Defendant: (a) committed indecent act by force against the victim E (here, nine years of age) who is the Defendant’s friendship, running a English game in the Defendant’s residence located in Seosan-si, Seosan-si, 107dong 1004; (b) by inserting his hand in the half of the victim E; and (c) committed indecent act by force against the Defendant’s friendship.
2. At around 18:00 as of June 2013, the Defendant committed an indecent act by force on several occasions on the part of the victim E in the location described in paragraph (1) at the victim E at the end of 18:0.
3. On July 3, 2013, at around 18:30, the Defendant returned home under the influence of alcohol at the places specified in paragraph (1), and subsequently opened and opened a locked door of the inside room where the victim E was a victim E, and placed the victim E’s hand on the floor of the living room, and the Defendant placed the victim E on his/her chest on his/her hand, thereby committing an indecent act by force.
4. On January 201, at the place indicated in paragraph (1) at the time, the Defendant: (a) reported that the Victim F, who is the Defendant’s father and descendant, was seated by viewing the TV of the Defendant’s living room at the time of the holiday; and (b) subsequently, she saw the Victim as her son, and forced her to commit an indecent act by force, by making his/her chest only once on his/her hand.
Summary of Evidence
1. Defendant's legal statement;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Protocols of police statements of F and G, and records of recording of E;
1. Application of Acts and subordinate statutes on family relation certificate;
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 298 of the Criminal Act (a point of each indecent act on the market) and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of each indecent act on the market prescribed in paragraphs (2) and (3) at the time of the market);
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;