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(영문) 수원지방법원 2017.04.18 2016고합744

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an external third village of a victim C (nive, 5 years of age, 5 years of age, and family name).

1. On June 25, 2016, at the victim’s house located in Ansan-si, 110 dong 108, 108, the Defendant committed an indecent act by forcing the victim to place kisk on the victim’s kisk in the view of the Defendant, and by inserting the kisk in the victim’s head, and inserting the victim’s head into the victim’s entrance.

2. The Defendant from the end of June 2016

7. At the same place as Paragraph 1 of the above, the victim and television were sexually damaged by the victim’s own loss, and then the victim committed an indecent act on the part of the victim by the following method:

In this respect, the defendant committed indecent acts on the victim who had kinship twice.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Records of statements made by victims;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing certified copies, family relations certificates, and signs of a mother's pocket book;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Aggravation of concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravated Punishment for Concurrent Crimes prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) around June 25, 2016 with heavy penalty];

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The exemption from disclosure notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no criminal history, and the Defendant’s age, occupation, family environment and social ties, the details, circumstances, and result of the instant crime, and the disclosure notification order may be achieved.