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(영문) 수원지방법원성남지원 2020.08.20 2019고합173
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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, as a relative of the victim B (a family name, a female, 12 years of age), committed an indecent act by force on two occasions as follows.

1. On October 24, 2018, the Defendant committed the crime, around October 24, 2018, at the inside of the residence of the Defendant and the victim in Gwangju-si, Gwangju-si, around 23:30 on October 24, 2018, committed an indecent act by spreading the victim’s ship by hand while acting as if the Defendant returned the money transferred to the victim and found money.

2. On November 12, 2018, around November 22, 2018, the Defendant committed a crime: (a) around 22:10, at the living room above the Defendant found the victim who was enjoyed in a small wave; (b) accessed the victim from the back; and (c) putting the victim in the pursuant to the pursuant to the pursuant to the pursuant pursuant to the pursuant to the pursuant pursuant to the pursuant to the pursuant to the

Summary of Evidence

1. Each report on internal investigation ( acceptance of written opinions by specialized child protection agencies, receipt of written opinions by experts in child protection agencies, and receipt of written opinions by experts in the analysis of statements), among stenographic records and written statements recorded by the prosecution against the accused in the protocol of suspect examination of the accused in the statement recorded CDs, the application

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion in Relatives)] among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. An order to disclose or notify the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and an order to restrict employment under Article 62(1) of the Criminal Act, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019), Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019), the proviso to Article 56(1) of the Act on the Protection of Children and

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