성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
(e).
Punishment of the crime
In 2005, the defendant was the mother E of the victim D(M, 13 years of age) and the person who remarriedd, and the victim.
1. Around June 7, 2009, the Defendant reported television at the Defendant’s house located in Seocheon-si, Seocheon-si F (hereinafter “the Defendant”), with the victim’s house covered this f, while the victim reported television, and as the victim’s panty, the Defendant sent the hand to the victim’s panty and became a negative part of the victim.
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
2. On February 2013, the Defendant: (a) was divingd at the panty of the victim (at the age of 13) who was on the Defendant’s house located in Hacheon-si, Seocheon-si, Seocheon-si, Seocheon-si; and (b) was her part of the victim’s panty.
Accordingly, the defendant committed indecent act by taking advantage of the victim's blood victim's non-ffort.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Video CDs recorded in the course of investigating victims against D;
1. Application of Acts and subordinate statutes concerning medical examination and treatment, report of internal investigation (expliction, etc.);
1. Article 7(2) of the relevant Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10258, Apr. 15, 2010); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 5(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Articles 299 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012)
1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty)
1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are below.