성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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.
Punishment of the crime
The defendant is the father and mother of the victim D (n, 10 years of age).
피고인은 2015. 10. 15. 새벽 경 서울 노원구 E, 102동 105호에 있는 피고인의 집에서 피고인의 아들들과 잠을 자고 있던 피해자에게 이불을 덮어 주던 중 갑자기 욕정을 느껴 오른손으로 피해자의 엉덩이를 만지다가 피해자의 바지를 엉덩이 아래로 내려 피해자의 배와 성기를 혀로 핥고, 이어서 피해자를 옆으로 돌아눕게 한 뒤 오른손으로 피해자의 엉덩이를 수회 만지면서 왼손으로 피해자의 성기를 만지고, 이어서 옷 위로 피해자의 가슴을 만지고 피고인의 성기를 바지 밖으로 꺼내
어 피해자의 엉덩이에 대고 비볐다.
Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim who was a minor under the age of 13, who was a blood relative, and was unable to resist due to sleep.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to F in the police statement protocol;
1. Entry of records of statements made by victims;
1. Descriptions of a gene appraisal report;
1. Application of each statute stated in a certified copy of resident registration and family relation certificate;
1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a indecent act committed against a person related to his/her relative), Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a person who commits an indecent act by force against a person under 13 years of age);
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;
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 21(4) and (9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the observation of protection, etc.