성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
A defendant shall be punished by imprisonment for not less than two years and six months.
To order the defendant to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is a person in a de facto marital relationship with C, who has been in a de facto marital relationship for about 10 years, who is a money in the victim B (n't, currently 13 years old).
1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) committed a single minute of the victim by inserting his hand over the victim’s panty and panty in a residence where the Defendant and C together reside in the Da, Chungcheongnam-gun, Chungcheongnam-gun, and entering the room where the victim was living together, and the victim was able to find that the victim continued to grow despite the victim’s singing of the Defendant’s single, and single in the victim’s panty and panty.
Accordingly, the defendant committed an indecent act against the victim with the intent to use the victim's blood-related state of impossibility to resist.
2. On January 2017, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) committed by the victim in E in the residence of the victim Leecheon-si, by reporting that the victim is married to his/her residence, and by reporting that the victim was married to his/her residence, he/she saw the victim to take charge of his/her shoulder back to his/her inner part, put him/her over his/her finger, and her chest into the victim's chest.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Recording notes and video recording CDs with respect to B;
1. Complaint;
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 the Punishment, etc. of Sexual Crimes, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act concerning the crime;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the crime prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the quasi-indecent act in relation of relatives)];