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(영문) 서울동부지방법원 2021.01.28 2020고합235
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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 a dead-child relationship with the victim B (here, the birth of August 1994).

On December 24, 2015, the Defendant: (a) around 02:00, at the victim’s residence located in Gangnam-gu Seoul Metropolitan Government △△△△△△△, laid down the victim’s name and brogate and brogate above and walked the victim’s chest by her hand; (b) laid down the victim’s chest into the victim’s brogate; and (c) laid down the victim’s finger into the part.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the mental and physical loss of person or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. The register of each message photograph, the family relationship register of the suspect and the mother of the suspect, and the family relationship register of the victim and the mother of the victim;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the Kakao Stockholm dialogue that the complainant sent by the defendant who submitted the complainant), a criminal investigation report (related to the victim's mother and divided by the victim's mother and the victim's child), a criminal investigation report (related to DNA telephone conversations for witnesses), and a criminal investigation report (Attachment to Family Register of the Suspect'

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure and an order to restrict employment, 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. 16622, Nov. 26, 2019); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); and the former.

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