성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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 four years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant is a person in a de facto marital relationship with the mother D of the victim C (here, 19 years of age) and a person in a marital relationship with the victim.
1. On December 12, 2012, the Defendant committed an indecent act by taking advantage of the victim’s mental disorder or the state of failing to resist, by holding a visit by the Defendant and the victim, using any cresh in the outside of the victim’s house, at around 08:00, Jinjin-si E apartment 102 and 312, the Defendant committed an indecent act by taking advantage of the victim’s condition of the victim’s mental disorder or the state of failing to resist.
2. On August 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) opened a door-to-face-to-face visit by the Defendant and the victim, using the crehs without any means other than the victim, and opened a door-to-face visit by the victim, and rhythly hyth off the victim’s side, followed the victim’s hythm and shoulder with both descendants, and hump the part of the victim’s left hand, and hump the part of the victim’s left hand. The defect of the victim’s humbling the victim’s hand, humbling the victim’s part, and humbling the victim’s part, thereby committing an indecent act by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of Acts and subordinate statutes to report internal investigation (C resident registration cards, etc. and accompanying copies);
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, and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes resulting from the crimes stipulated in the Act on the Punishment, etc. of Sexual Crimes, the Crimes of which are heavier than the Crimes];
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.