성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant shall be punished by imprisonment with prison labor for three years: Provided, That 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 the father and father of the victim B (son, 8 years of age).
On August 18, 2017 or on the 19th day of the same month, the Defendant was living together with the victim at the north-gu Da apartment house D, Ma-gu, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, Ma-dong, and Ma-dong.
Accordingly, the defendant committed an indecent act by force against a person under 13 years of age who is related to relatives.
Summary of Evidence
1. Statement of witness E in the third public trial protocol;
1. Each legal statement of witness F and G;
1. B’s statement contained in video recording CDs;
1. Statement made by the police for E;
1. Original paper prepared by B;
1. Expert opinion;
1. Investigation Report - Attachment of a report on transfer of domestic violence case to E of the victim of the suspect to the victim, investigation report - Attachment of photographs showing telephone conversations with the suspect's wife H at the time of the preparation of the suspect interrogation protocol;
1. Application of Acts and subordinate statutes governing family relations certificates;
1. Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the pertinent statutory provisions on criminal facts, Article 298 (a) of the Criminal Act, Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes stipulates in the indictment the provisions applicable to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes as Article 5(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, but Article 5(2) of the said Act applies to cases where a relative related person commits quasi-rape or indecent act by quasi-rape with respect to a person related to a sexual crime. Thus, Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes
Even if this part is revised, since there is no risk of disadvantage to the defendant's exercise of the right of defense, this part is revised ex officio.
(Indecent Conduct by Relatives)
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed on the crimes provided for in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes which are heavier than that of the former.