beta
(영문) 수원지방법원 2013.05.21 2013고합125

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

The defendant is the father of the victim D.

At around 20:00 as of March 20, 201, the Defendant committed an indecent act against a child or juvenile, who was related to the victim, by: (a) reporting that the victim D (the age of 13) who was residing there at the Defendant’s house located in Suwon-si E Apartment-gu, Suwon-si, Suwon-si, was able to take clothes at the room; and (b) forcing the victim into the room, bucking down the panty of the victim; and (c) cutting off the victim’s panty, she was called “a large amount of flusium,” and she was kneed into the part of the victim’s drinking, she was kneed, and kneed into the victim’s sexual organ.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act, and Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (a similar act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for not less than two years and six months to 15 years;

2. Application of the sentencing criteria [Determination of type] The general standard of sexual crime committed by indecent act by blood (subject to the age of 13 or more) by indecent act by compulsion, such as indecent act by blood or by living in by compulsion, etc. / special indecent act by indecent act by compulsion (special person): mitigated element: (2) where a person uses deceptive means and force, which is not assault or intimidation, [the scope of recommending range] mitigated area] [the scope of recommending range] one year and six months of imprisonment or three years of imprisonment [general person] mitigated element: Where a person is a criminal by blood or marriage, the use of personal trust relationship where a person is a criminal by blood or marriage;

3. Determination of sentence: Imprisonment with prison labor for the crime of this case for three years, the victim of the wife who was a middle student of the age of 13 at the time of the defendant.