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(영문) 수원지방법원 성남지원 2014.05.01 2013고합278

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The defendant was the mother of the victim C (math, 40 years of age), who was the mother of the victim C (math, 40 years of age) and the victim D (math, 11 years of age) who was the father of the victim C, was the victim C and the victim D (math, 11

1. Around 03:50 on August 25, 2013, the Defendant committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against minors under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by force against relatives) committed an indecent act by taking advantage of the victim D’s state of difficulty to resist, with the victim D, who is under 13 years of age, in his/her own residence located in the third floor E-si, Hanam-si, E, by discovering that the victim D is locked from his/her ward and her panty leash, while putting his/her arms into the victim

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of relatives), the Defendant committed an indecent act by taking advantage of the victim C’s state of difficulty to resisting with the victim C, who transferred the victim C’s panty, who was locked by the D referred to in the preceding paragraph, by taking the victim C’s panty in which the victim C was living together with the victim C, at the time and place under the preceding paragraph, and by taking advantage of C’

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement to C by the police;

1. Video images of each CD;

1. Application of each Act and subordinate statute stated in a certified transcript (victim C), removed copy (victim C), removed copy (Defendant C), family relation certificate (victim D), and family relation certificate (victim C);

1. Violation of the relevant 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 (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), Article 7 (4) and (3) of the Act on Special Cases concerning the

1. Articles 40, 50, Section D of the Criminal Code of Trade and Trade.