beta
(영문) 대전지방법원 2020.05.15 2020고합80

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

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

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

Reasons

Punishment of the crime

The defendant is the husband of the victim who is the mother of the victim B (son, 7 years of age) and the father of the victim.

1. Around July 26, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-decent act by compulsion under the age of 13) committed a panty of the victim who was locked by taking advantage of the gap in the inside of the Defendant’s house located in Daejeon Tae-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental condition under 13 years of age with relatives.

2. Around August 19, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force in relation to relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as minors, deceptive schemes, etc. under the age of 13) committed an indecent act by using the crepans of the Defendant’s wife inside and outside the house of the victim, thereby putting his hand over the victim’s panty and talking with the victim’s panty, getting off the victim’s spanty and panty with the victim’s hand, and harming the victim’s sexual organ with his hand before the victim, following the victim’s tight and left the ward.

Accordingly, the defendant committed indecent acts by taking advantage of the mental condition of the victim's relatives, and committed indecent acts by force against the victim under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. The CDs and stenographic records of each victim's video recording of B;

1. Written statements of D;

1. Application of Acts and subordinate statutes to recording files and recording records;

1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 299 of the Criminal Act, Article 7(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act (a quasi-indecent act by compulsion against minors under the age of 13).