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(영문) 제주지방법원 2015.09.10 2015고합75

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was living together with the victim C (16 years of age at the time of committing the crime)'s father and the defendant was in a de facto marital relationship from 2003 to April 2013.

1. On August 3, 2012, the Defendant completed his wife D and finites work at the Defendant’s residence located in the Gyeonggi-gun E Apartment-gun, Gyeonggi-do, and returned home to the new wall, and carried D, a cleaning agent, after entering the toilet of the victim’s room in order to have D carried the strings covered by the victim, and the Defendant sknife the body of the victim’s drinkings by hand.

2. On the day following the day of the crime described in the above Paragraph 1, the Defendant discovered a victim who covers and takes a boom at the front of the above residence, and his wife arranged the booms covered by the victim in the toilet in order for his wife to take the booms. The Defendant got together with his hand as the booms of the victim.

Accordingly, the defendant committed indecent acts by compulsion on two occasions by blood victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, F, G, and D

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 298 of the Criminal Act; Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 298 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a punishment on the violation of the Act on Special Cases concerning the Punishment, etc. of

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (2) of the Criminal Act provides that the punishment of concurrent crimes shall be more severe.