성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person who is a relative with the victim as a fraud of the victim B (math, 66 years of age, and the Republic of Korea, the Philippines).
1. The Defendant, from September 201 to October 201 of the same year, committed an indecent act by force on the part of the victim, who was involved in the victim’s clothes in his/her own care, by holding the victim himself/herself seated above the victim’s 58 years old.
2. At around 11:00 on May 5, 2018, the Defendant: (a) was seated in the Defendant’s house located in Namdong-gu Incheon Metropolitan City, and (b) was seated in front of the victim (the age of 65 at the time of committing a crime) who was seated in a sofash; (c) was left in front of the victim’s chest; (d) was left in front of the victim’s chest; (e) was taken in front of the victim’s chest; (e) was fash in front of the victim’s chest; (e) was fash in front of the victim’s chest; (e) was fash in front of the part; and (e) committed an indecent act by force on the part
3. On May 6, 2018, the Defendant, at around 16:00, committed an indecent act by force against the victim, who was in kinship with the victim, and was seated next to the victim who was seated in a sofacion, and tried to attract his/her loss to his/her inner part, and was sexually committed against him/her.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of victim made by the police against B;
1. Application of Acts and subordinate statutes to the certificate of birth and the certificate of family relationship;
1. Article applicable to criminal facts;
A. Paragraph 1 of the holding: Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act
(b) Article 2 and (3) of the judgment: Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. From among concurrent crimes, a violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the most serious crime in the judgment of the court)