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(영문) 인천지방법원 부천지원 2019.09.20 2019고합124

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the victim B (here, Cins, and 11 years of age at the time of committing the crime)'s kinship with the victim.

In 2010, the Defendant respondeded to the question of “I can see that I would see that I would see that I would see that I would be able to see if I would have raped women, I would see that I would see that I would be able to see.” The Defendant forced the victim to go against the two arms of the victim by hand, and forced the victim to go against the resistance.”

In this respect, the defendant committed an indecent act against the victim's relatives, and at the same time committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B Written complaint;

1. Application of Acts and subordinate statutes of character contents;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 8-2(3) of the former Act on the Punishment, Protection, etc. of Sexual Crimes, Article 298 (Indecent Act by Indecent Act against Minors under the age of 13) of the Criminal Act, the upper limit of each imprisonment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010).

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on the crimes of violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof with heavier punishment);

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse to the Order to Attend Courses shall be December 18, 2012;