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
The defendant is a person who is a shesheshesheshes in the victim C (Wu, 14 years of age).
On September 4, 2014, the Defendant, while drunk at the home of the Defendant located in the East Sea at night on September 4, 2014, committed an indecent act on the victim’s chest at one time with the victim’s mother, in front of the case, E, who is the mother of the victim’s mother, seeking to complete a marriage life with the victim’s mother.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of police statement protocol to C
1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;
1. The reason for sentencing of sentencing is difficult to readily conclude that a defendant again commits a sexual crime in light of the defendant's age, occupation, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage due to the defendant's disadvantage and anticipated side effects, prevention effect of a sexual crime subject to registration that may be achieved, protection effect of the victim, etc., comprehensively considering the defendant's personal information in light of the defendant's age, job, disclosure or notification order, etc., as well as the motive and background of each of the crimes in this case, Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 50 (1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to
1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;
2. The application of the sentencing criteria [the determination of a type] shall be based on the relatives of the second category who committed the crime of indecent act by force (the persons aged 13 or older).