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(영문) 수원지방법원 안산지원 2014.11.07 2014고합296
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. The Defendant: (a) around May 2007, the victim D (here, 7 years of age) who is a son and son from his own house in Ansan-si, Ansan-si; (b) her son and her son and son, her son and her son and son, her son and her son, her son and son, her son and her son, her son and son, her son and her son and son her son.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's non-fluence situation.

2. The Defendant: (a) stated that “the victim D (the child, 9 or 10 years of age) who is a child, was sexual organ to reduce the amount of money,” at the lower room of the Defendant’s house located in Ansan-gu, Ansan-si; and (b) caused the victim to commit self-defense by using the Defendant’s hand without having the victim wear the Defendant’s sexual organ.”

Accordingly, the Defendant committed abusive acts that cause sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

2. Stenographic records of each statement made D;

3. Application of Acts and subordinate statutes to resident registration and family relation certificate;

1. Article applicable to criminal facts;

(a) Indecent act by blood: Article 7(3) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Amended by Act No. 10261, Apr. 15, 2010; hereinafter the same shall apply), Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) [Provided, That the upper limit of punishment shall be 15 years pursuant to the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);

B. The point of child abuse: Article 40 Subparag. 2 of the former Child Welfare Act (wholly amended by Act No. 11002, Aug. 4, 201) and Article 29 Subparag. 2 of the former Child Welfare Act (wholly amended by Act No. 11002, Aug.

2. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the sum of the long-term punishments of the crimes above two crimes prescribed in the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims Thereof is aggregated).

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