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(영문) 인천지방법원 부천지원 2018.05.25 2018고합51

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

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

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

Reasons

Punishment of the crime

On October 6, 2017, at around 03:00 on October 6, 2017, the Defendant was divingd in the Defendant’s prone dwelling room located in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun.

The victim E (the 12 years old at the time) who was born under 13 years of age was accumulated next to the victim E (the 12 years old), and the victim was panty of the victim, the victim was spanty of the victim, the victim was spanched, and the victim was spanched with the back and knife, and the victim was knife with the knife.

Accordingly, the defendant committed an indecent act by taking advantage of the victim's resistanceable condition under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Police stenographic records of E;

1. Application of Acts and subordinate statutes to a report on investigation (the relationship between a suspect and a victim);

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes; Article 299 of the Criminal Act; Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 62-2 of the Criminal Act;

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

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant's mistake is recognized and reflects his/her mistake, and the defendant's personal information is disclosed and notified to the defendant as his/her kinship, the victim's personal information is exposed to the victim's personal information.