성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Criminal facts
The defendant is the child of the victim C (here, D).
From November 2, 201 to December 12, 201, between 06:30 on the date to 07:00, the Defendant committed an indecent act against the victim by taking advantage of the victim’s state of refusal to resist due to the following: (a) the victim, who was divingd in the Defendant’s house inside the house of Ulsan-gu E apartment 103 405 Dong-gu, Ulsan-gu, U.S., 103, and 405; and (b) the victim was able to do so by taking advantage of the victim’s clothes,
In addition, the Defendant committed each indecent act on eight occasions between October 26, 2013 and October 26, 2013.
As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's state to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Statement by the prosecution against C;
1. The police statement concerning F;
1. Each investigation report and each internal investigation report;
1. A copy of family relation certificate, copy of resident registration, copy of the case receipt book, copy of the forest, and application of Acts and subordinate statutes on investigation reports for children;
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;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [one of the concurrent crimes with the punishment stipulated in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on October 26, 2013] among concurrent crimes;
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 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Grounds for sentencing under Article 38(1)1 and Article 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of punishment] imprisonment with labor for two years and six months from June to 22 years [the decision of types].