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(영문) 대구지방법원 포항지원 2013.12.16 2013고합78

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

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 the father of the Victim E (Min, 11) who is enrolled at D elementary school.

Around 03:00 on May 2, 2013, the Defendant committed an indecent act against the victim under 13 years of age, who is related to the victim, by reporting the victim's locked F and 201 at the defendant's house located in the south-gu, Nam-gu, 201, and by his desire to look at the victim's sleep and panty panty ties, which the victim was suffering from the victim's body while she was going up to the victim's body, her her fright, and her fright, and her fright to her arm's body and her fright to her arm's body, and preventing the victim's body from falling into the victim's body by suppressing the victim's chest and her chest with the victim's finger and her fright with the Defendant's sexual organ with the victim's sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording records;

1. Each police statement to G, H, I, J, and K;

1. Investigation reports (affords attached to the victim's body part, etc.);

1. Reports on internal investigation (attached documents, such as a medical certificate and certified copy of a resident registration card, and a victim E-mail report);

1. A written opinion of a specialist in sexual assault against children;

1. Application of the statutes governing written confirmation of counseling;

1. Article 5 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act concerning criminal facts, and Article 298 of the Criminal Act (the occupation of indecent act by compulsion of minors under the age of 13

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 62-2(1) of the Criminal Act regarding community service order;