beta
(영문) 수원지방법원 평택지원 2016.04.20 2016고합11

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim C (V, November 2004).

Although the Defendant refused to “the victim’s speech”, the Defendant was called as a petular expression, and the victim’s chests and fry have been drinking from time to time as follows.

1. The Defendant, at around 15:00 from 16:00 to 16:00 on the spring day of the spring of 2013, reported television at the Defendant’s house located in Pyeongtaek-si Do Do 2nd 402 (the age of 8 at that time) Da, as the Defendant was in charge of the Defendant’s own panty by inserting hand into the victim’s panty.

2. At around 15:00 to 16:00 on the upper half of the year 2014, the Defendant viewed television at the home of the above Defendant and sent a mobile phone to the victim (the age of 9 at that time) who was traveling the mobile phone, and put the hand into the panty and brode of the victim himself and her panty and brode, and became only as the Defendant was in charge of the chest and chest.

3. On April 2015, the Defendant: (a) around 03:00, the date on April 2015, 2015, up to the brogate of the victim (at the time, 10 years of age) who was faced by the Defendant’s house; and (b) laid down the victim’s chest, as the Defendant was in charge of the victim’s chest.

Accordingly, the Defendant committed an indecent act against the victim who was under 13 years of age by force at the same time committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by the victim in the statement recorded CDs;

1. Application of resident registration certificates, family relation certificate statutes;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 7 (5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a person who commits an indecent act against a minor under the age of 13 by force);

1. Articles 40 and 50 of the Criminal Act (indecent acts by blood or marriage) of each of the crimes provided for in the provisions of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and crimes of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (indecent acts by blood or marriage, etc. of minors under the age of 13) are more severe and more severe.