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 three years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who was married at around 2009 with C and adopted on January 28, 201 as the victim D (son and E) produced between South and North Korea on January 28, 201.
1. On January 20, 2013, around 03:00 to 04:00, the Defendant committed an indecent act against the victim by using both sides of the victim (the age of 15 at that time) who entered a bridge and takes a part in the bed, as his/her hand, three to four times, and inserting his/her hand into the bridge between the victim’s legs, and then using the victim’s sound part as his/her fingers.
2. At around 03:00 to 04:00 on June 6, 2013, the Defendant committed an indecent act against the victim on the following grounds: (a) in the residence of the Defendant and the victim (at that time, 15 years old); (b) in the residence of the Defendant and the victim (at that time, 5 years old); (c) in the victim’s small room used by the victim; (d) in the victim’s side, the victim kids the victim in both hands; and (e) in the part of the victim’s brode, the victim’s b
Accordingly, the defendant committed an indecent act on the part of the victim who was related by blood twice.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records;
1. Application of Acts and subordinate statutes to family relation certificates and copies of adoption relations certificates;
1. 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 concerning criminal facts
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;
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 extenuating circumstances among the reasons 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information (Act No. 11556, Dec. 18, 2012).