Text
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
(e).
Reasons
Punishment of the crime
The defendant is the father and father of the victim C (ma, 2002 life) and D (ma, 2003 life).
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (private act committed against a minor under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. The Defendant committed a crime against the victim C around November 2014, in a residential room located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and put the victim’s fingers into the clothes of the victim who was unable to resist, and the victim’s fingers together with his fingers.
Ultimately, the defendant committed similar acts to the victim under the age of 13 and committed an indecent act to the victim who is a relative.
B. The Defendant committed the crime against the victim D, around November 2014, put his hand in the body clothes of the victim, which is in an unclaimed state, and committed an act of similarity with the victim under 13 years of age by the above method, and committed an indecent act against the victim who is a relative, at the same time.
2. 성폭력범죄의 처벌 등에 관한 특례법위반( 친족관계에 의한 준강제 추행) 피고인은 2017. 7. 16. 18:00 경 위 제 1 항과 같은 장소에서, 잠을 자느라 항거 불능 상태인 피해자 C의 속옷을 갑자기 벗기고 입으로 피해자의 음부를 약 5회 핥았다.
In the end, the Defendant committed an indecent act against the victim who is a relative.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records recorded in C or D;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes to a family relation certificate, resident registration card, field photograph, and investigation report (the date and time of damage to victim D);
1. Article 7 (4) and (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 (a similar act to minors under the age of 13) of the Criminal Act, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act on the same crime;
1. Articles 40 and 50 of the Criminal Code of Trade and Trade (victim C).