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(영문) 수원지방법원 2020.02.06 2019고합535

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is married with B, who is the spouse of the Republic of Korea, resulting in the victim C (a family name, female, 7 years of age) and is the father and father of the victim, who is living together with the above B and the victim.

1. On April 12, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) committed an indecent act by force against a victim, who was married, by inserting his/her own son and inserting his/her son into the victim’s pande and pande, at around 19:00, the Defendant committed an indecent act by force against a victim, who was married with him/her.

2. No person who violates the Child Welfare Act (child abuse) shall engage in emotional abuse against a child detrimental to his/her mental health and development;

Nevertheless, the Defendant, at the same time and place as the mentioned in the preceding paragraph, left the victim's her her son with his her her her son and her her her son's her son's son and her son's her son'

Accordingly, the defendant committed emotional abuse that harms the mental health and development of the victim, who is a child.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Stenographic records in relation to C;

1. Investigation report;

1. Reports on internal accidents (referring to the records of counseling at specialized child protection agencies);

1. Investigation report (a summary of statement of a victim);

1. Investigation report (the victim's gathering teacher and the date and time of telephone and crime);

1. Application of Acts and subordinate statutes to expert opinions on statement and analysis for children;

1. Relevant Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (the occupation of indecent acts by force by blood relations), Article 71 (1) 2 of the Child Welfare Act and subparagraph 5 of Article 17 of the Child Welfare Act (the occupation of emotional abuse against a child and the choice of imprisonment);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the crime prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty (the indecent act by compulsion of relatives)];