beta
(영문) 대전지방법원 홍성지원 2014.08.21 2014고합38

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment 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 family relationship between the victim C(n, 27 years of age) and the other third party.

From spring around February 1, 2004, the Defendant committed an indecent act against the victim who was locked by the Defendant’s house located in Hongsung-gun, Hongsung-gun, Hongsung-gun, by taking care of the victim’s clothes (the age of 17 at that time) and committing an indecent act against the victim who was able to resist by taking advantage of the victim’s clothes and making use of the victim’s clothes. From around 00:00 on February 1, 2014 to 02:0 on July 1, 2014, the Defendant committed an indecent act against the victim who was able to resist on seven occasions, such as in the list of crimes committed in annexed Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Investigation reports (investigative reports on graduations, accompanying a written confirmation of details of subscription to pension calculation) and investigation reports (investigative investigations into confirmation of the scene of damage);

1. Each family relation certificate, a certified copy of removed register, a certificate of graduation (three copies), a written confirmation of subscription for the calculation of pension (individual), and the application of Acts and subordinate statutes to the graduation certificate (two copies);

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(3) and (2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 299 of the Criminal Act (Attached Table 1 through (6) of the Act on Special Cases concerning the Protection, etc. of Sexual Crimes; the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 5(3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 (Attachment Table 7) of the Criminal Act.

1. Of concurrent crimes, the punishment of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;