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(영문) 부산지방법원 동부지원 2019.11.26 2019고합119

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 the mother of the victim B (n, 18 years of age).

The victim entered the university located in Busan in 2014 and was living in the area of the defendant in the Nam-gu, Busan and the defendant in the area of his residence.

At around 01:00 on May 18, 2014, the Defendant appears to have been divingd in the bend room inside the above residence (the victim was string the snow but was not divingd). The Defendant was able to look at the victim's breathroth, the victim's breath, the victim's clothes, the chest, the breath, and the breath, and the breath, the breath of the victim's chest and the breath of the breath.

Accordingly, the defendant committed an indecent act by force against a juvenile who is a relative of a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report, investigation report (victim-friendly telephone conversations), investigation report (victim-friendly telephone conversations), and investigation report;

1. Application of Acts and subordinate statutes to family relation certificates and certified copies thereof;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on any person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (a person who is related to relatives);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) 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 (Act No. 15352, Jan. 16, 2018); and Article 15452 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1532, Mar. 13, 2018).