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(영문) 제주지방법원 2020.06.18 2020고합37
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and eight months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father of the victim B (a family, female, 15 years old).

From September to November of the same year, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by indecent act with relatives), and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by indecent act with minors under the age of 13) committed so far from September 2016 to November of the same year that the Defendant was diving at the dwelling space of the Defendant and the victim in Jeju-si, Jeju-si, and Jeju-si, Jeju-si, and the Victim’s dwelling space in the victim (the age of 12 at that time) took care of the victim’s chest, and the Defendant was able to

Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13 who is a blood relative.

On October 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) committed a locked act in the computer room of the victim’s residence and the victim’s knife with the victim’s knife with the victim’s knife with the victim’s knife, and the victim’s knife with his knife inside the victim’s panty.

Accordingly, the defendant committed an indecent act against the victim who is a relative of a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (the occupation of indecent act by compulsion under the age of 13, the choice of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Punishment prescribed in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment of which is heavier among the crimes provided for in paragraphs (1) and (2) at the time of sale);

1. Aggravation concurrent crimes;

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