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(영문) 창원지방법원 통영지원 2013.10.31 2013고합47

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

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

To order the defendant to complete 80 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The Defendant stated the victim D (in the indictment of 15 years of age as “16 years of age,” but the victim appears to be F students and seems to have been in writing of “15 years of age,” and the victim was also residing in the Defendant’s house from February 201 due to family type and entrance into school.

At around 23:00 on September 20, 201, the Defendant: (a) at the Defendant’s home room located in the E apartment 118 dong 704, the Defendant: (b) received a request from the open victim to call that the distribution was carried out; (c) had the victim’s clothes on the part of the victim; (d) had the victim’s clothes; and (d) had the victim “D, nick, nick, hick;” and (d) had the victim’s fingers together with the victim’s panty in a lock-line of the victim’s diving, and had the victim committed indecent act by force.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

Summary of Evidence

1. Each legal statement of witness G and D;

1. Part concerning D's statement of the second police interrogation protocol against the defendant

1. Each police statement made to D and H;

1. Complaint;

1. A report on investigation (a criminal investigation of a victim's standing teacher), a criminal investigation report, and a criminal investigation report;

1. A written confirmation of counseling;

1. Application of the Acts and subordinate statutes on the delivery of medical expenses invoices and school life records;

1. Article 5(2) of the 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. 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The circumstances that are favorable to the reasons for sentencing under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the relationship between the defendant and the victim, and the fact that it is difficult to view that the defendant is likely to recommit a sexual crime.