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(영문) 대구지방법원 포항지원 2018.07.05 2018고합41

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the father-child relationship between the victim C (V, 13 years of age) and the South.

1. In 2014, the Defendant: (a) took the victim’s eye at the victim’s residence in the north-gu, Gyeong-si, Gyeong-si, Gyeong-do, 2014 (at that time, 9,10 years old); (b) took the victim’s eye while wearing clothes in the victim’s seat; and (c) brought about the Defendant’s sexual eye on the part of the victim’s seat.

Accordingly, the defendant committed an indecent act against a relative related person by force.

2. In 2014, the Defendant, who committed the crime, accumulated the victim’s hand in the vicinity of the victim (at the time 10 years of age) who was accumulated in the front residence in the winter in 2014, and brought the victim’s hand to the Defendant’s gender, and took the victim’s hand to some minutes.

Accordingly, the defendant committed an indecent act against a relative related person by force.

3. From January 2018 to February 2, 2018, the Defendant committed a crime between the police officer and the first police officer from January 2018 to February 2018, 2018, put a hand to the inside of the victim (the age of 13 at the time) who is coming to the inner side of the victim (the age of 13 at the time) who was laid to the inner side of the victim’s chest, and did not leave the breast on the wind of the victim’s resistance.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement contained in video recording CDs;

1. Report of internal investigation (recording video recording for victimized children C), investigation report (Attachment of stenographic records for statements made by victimized children C), report of internal investigation (Attachment of written opinions by experts in analysis), investigation report - Attachment, such as a certified copy of resident registration of the victimized child C;

1. Application of Acts and subordinate statutes, such as stenographic records, expert opinions, and resident registration transcript;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning 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 [Aggravated Punishment of Concurrent Crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (1) of the same Article with the largest criminal status];

1. Article 53 of the Criminal Act for mitigation of amount;