성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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
From January 2016, the Defendant was living together with the victim B (here, female, July 200)’s outer money and the legal married couple, and the victim, the spouse of the Defendant, and the victim’s spouse, were living together around August 2016, when the victim’s mother was living together with the victim’s mother.
피고인은 2016. 12. 중순 02:00경 위 주거지에서, 피고인의 배우자가 병원에 입원한 틈을 이용하여 술에 취한 상태로 작은방 침대 위에 잠을 자고 있던 피해자(당시 16세)에게 다가가 얼굴을 만지고, 이에 잠에서 깬 피해자의 볼에 뽀뽀를 하여 피해자가 ‘하지마세요’라고 하였으나 손으로 피해자의 배 부위를 쓰다듬고, 계속해서 만지지 못하도록 팔짱을 낀 피해자의 손 밑으로 강제로 피고인의 손을 집어넣어 피해자의 오른쪽 가슴 부위를 세게 움켜쥔 다음 수회 주무르고, 피해자의 유두를 꼬집었다.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Investigation report (related to attachment, such as a family relation certificate and a certified copy of the family register of the victim) and investigation report (record a victim's telephone statement);
1. Application of Acts and subordinate statutes to each family relation certificate (26 pages, 63 pages of investigation records);
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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act ( normal consideration considered favorable to the reasons for sentencing as follows);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018).