성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
[Criminal Power] On August 23, 2019, the Defendant was sentenced to imprisonment with prison labor for 8 months as a crime of violating the Road Traffic Act in the wooden Branch of the Gwangju District Court on August 23, 2019 and the judgment became final and conclusive on August 31, 2019.
【Criminal Facts】
From February 2017 to February 2018, the Defendant resided with D’s wife E (here, 12 years of age) who is a marital relationship in the Defendant’s residence, such as C2nd floor, which was located in Sinpo City B, from February 2017 to February 2018. The victim had de facto kinship with the victim.
1. On May 26, 2017, the Defendant: (a) committed an indecent act by force against the victim on six occasions in total in the same manner as the list of crimes in the attached Table between February 13, 2018, with the intent to commit an indecent act against the victim in his/her residence and using her clothes, which he/she was locked with the victim’s room; and (b) committed an indecent act against the victim by forcing him/her to commit an indecent act by force, in the same manner as the list of crimes in the attached list.
2. Around September 18, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) committed an indecent act by force against the victim, who was reporting television by letting the victim take advantage of the floor inside the floor of the above Defendant’s residence, by inserting fingers inside the victim’s clothes, and making the victim talked her chest with his/her clothes.
Summary of Evidence
1. Defendant's legal statement;
1. The statements and stenographic records of E contained in two CDs (109 pages of investigation records);
1. Each police statement of E;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of facts that are ex post concurrent crimes by a suspect), and application of statutes attached to judgment (Investigation records 317 pages);
1. It is based on Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 29 of the Criminal Act.