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(영문) 수원지방법원 평택지원 2013.07.03 2012고합439
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim C (n, 17 years of age).

At around 07:00 on March 13, 2012, the Defendant: (a) made the victim locked at the victim’s room located in Pyeongtaek-si D’s residence; (b) made the victim feel her boom, she was aware of his/her her her booms by inserting his/her brush in the victim’s inner part; (c) cut his/her brush into the victim’s panty; (d) made the victim’s brush into the victim’s brupt; and (e) made the victim’s brush and brush into the victim’s brupt; and (e) taken the victim’s brush into the victim’s brush and brush into the victim’s brush.

Accordingly, the defendant committed an indecent act against the victim who is 17 years of age related to relatives.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Family relation certificate:

1. Application of Acts and subordinate statutes to photographs of damaged places;

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 298 of the Criminal Act; Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 298 of the Criminal Act on the crime

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a conviction is finalized on the crime of this case which is subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information under Article 38-2 (1) 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

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