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(영문) 인천지방법원 부천지원 2016.05.30 2016고합30

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

From March 2013, the Defendant was living together with the victim C (man, 6 years of age) in his/her home and maintained de facto marital relations, and the victim of a usual lawsuit was living with the Defendant “I n't,” and “I am” as “I am”. However, the Defendant was willing to commit an indecent act against the victim by using not only his/her economic power but also his/her old room with the female living with the victim, who had no place to know.

1. On July 2015, the Defendant committed an indecent act against the victim who was in de facto kinship with the victim’s will and panty after she was off from the victim’s house at the Defendant’s residence located in Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and Ma-gu.

2. 피고인은 2015. 7. 일자 불상 저녁 경 피고인의 주거지에서, 피해자를 목욕시킨 후 옷을 입히기 전에 피해자의 음부를 혀로 핥아 사실상 친족관계에 있는 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Recording notes (281 pages of evidence), stenographic records (37 pages of evidence), stenographic records (184 pages of evidence);

1. Statement analysis opinion (200 pages of evidence records), notification of the results of statement analysis (350 pages of evidence records);

1. In the application of the provisions of Acts and subordinate statutes, report on investigation (with respect to photographing photographs at the scene of crime) and photographs attached thereto;

1. Article 5 (2) and (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent Acts by blood or marriage) as stated in paragraph (2) of the same Article with heavier punishment];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The protection of children or juveniles against sexual traffic who are exempted from disclosure and notification orders;