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(영문) 부산지방법원 2016.01.22 2015고합540
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant has been living together for about 15 years with D, who is the mother of the victim C (Mu, 15 years of age), who is a child or juvenile, and is a person who has de facto kinship with the victim's child or juvenile.

On June 9, 2015, the Defendant: (a) around 21:10 on June 21, 2015, the Defendant, at the Defendant’s residence of the Defendant located in Busan Seo-gu E, opened a mixed victim with the inside of the Defendant, and opened the victim with two arms, was under the influence of entering the victim by inducing the victim; (b) continuously laying the victim into the victim’s panty, put the victim into the victim’s panty; and (c) put the victim’s am and am together the victim’s am and am into the part of the victim’s am.

As above, the Defendant committed an indecent act by force against the victim, who is a child or juvenile, by assault or intimidation, and by inserting the victim’s fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement recorded in video recording CDs (Evidence Nos 28 of evidence list);

1. Statement made by the police against D;

1. A report on internal investigation (a list of evidence Nos. 9);

1. Application of the statutes governing each resident registration card, C's family relation certificate;

1. Article 5 (2) and (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of compulsory indecent act by blood), Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of juvenile similar rape), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and Article 298 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on Special Cases Concerning the Punishment of Sexual Crimes by Indecent Act; the Act on the Protection of Juveniles from Sexual Abuse; the Act on Special Cases Concerning the Punishment of Sexual Crimes against Children and Juveniles from Sexual Abuse; the punishment provided for in the Act on Special Cases Concerning the Punishment of Sexual Crimes against Children and Juveniles from Sexual Abuse; and the Act on Special Cases Concerning the Punishment of Sexual Crimes from Similar Rape.

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