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(영문) 광주지방법원 순천지원 2019.09.26 2019고합122
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for three years.

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 and the victim B (the family name, the female, the age of 28) are between the external ginseng village and the scar.

Around 01:00 on April 11, 2019, the Defendant: (a) sought a phone from the victim in front of the victim’s house located at 01:00, the Defendant: (b) attempted to walk the victim’s breast part; (c) tried to keep the victim out of the victim’s house in front of the victim’s house, and, (d) tried to have the victim cut off with the victim’s house in front of his house, and cut off the toilet at 05:20 on the same day; (c) obstructed the victim, she was able to make a indecent act by force, and forced him to report the victim’s inside room, and she was able to do so by hand, and (d) tried to walk the victim’s breast part, and (d) the victim was able to use the victim’s chest and her breast, and (e) tried to use the victim’s clothes and her part, and (e) she tried to use the victim’s clothes, including the victim’s finger and her part.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of statement by the police against B (tentative name) (Evidence No. 22 pages);

1. A gene appraisal report and a legal safety appraisal report;

1. Application of Acts and subordinate statutes to certified copies of expulsion and family relation certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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