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(영문) 수원지방법원 2016.08.11 2016고합328

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the father of the victim C (V, 17 years old).

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by blood) committed an indecent act against the victim by taking advantage of the victim’s physical and mental loss status by holding the victim’s chest and her clothes standing up to 12 years old at a small room on the following day in spring 06:0 to 07:00 on the spring day of spring, while the Defendant committed an indecent act against the victim by taking advantage of the victim’s physical and mental loss status.

2. Where the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) committed on December 2, 2012, 201, in the Defendant’s vehicle parked in 18:00 on the same day on the insular city E, whether he/she would be free to the victim (the age of 14 at that time) who was on board the back seat of the place where he/she was parked

“A damaged person who does not do so shall be able to do so in a sound and to do so.”

Although the refusal was forced, the victim committed an indecent act by deceiving the victim's chest and fluor, and committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes; and

1. Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act, Article 5 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts, Article 298 of the Criminal Act

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Severe Sexual Crimes (Indecent Act by Relatives)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose information;