성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On August 12, 2009, the Defendant was sentenced to a suspended sentence of two years and six months, and the judgment was finalized on the 20th of the same month.
【Criminal Facts】
The defendant was in a de facto marital relationship with D, who is the mother of the victim C (nive, 14 years of age) and was living together with the victim, D, etc. from August 2007 to October 2010.
On July 2009, the Defendant committed an indecent act by force against the victim, who was posted a television by the Defendant’s house bed from the bed of the Defendant’s house in Gyeyang-gu, Soyang-gu, Soyang-gu, 2009.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Previous convictions in judgment: Investigation report (report attached to a final judgment against a suspect), and application of criminal records-related Acts and subordinate statutes;
1. Article 7(2) of the Act on Special Cases concerning the Punishment of Sexual Crimes and Protection of Victims Thereof [Article 5(10) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010)] and Article 298 of the Criminal Act [Provided, That the upper limit of punishment shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)];
2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Procedure Act dealing with concurrent crimes;
3. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):
4. Article 62 (1) of the Act on Suspension of Execution (The following factors shall be repeatedly taken into consideration for the defendant).
5. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply), Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.