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(영문) 광주지방법원목포지원 2020.10.15 2020고합66
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the pro-Japanese village of the victim B (a family name, a female, 6 years of age), was living together with the victim at the defendant's office located in Pyeongtaek-gun C in the Hamnnam-gun.

1. On May 2019, the Defendant committed an indecent act by force against the victim under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force in relation to relatives) by using the victim’s clothes under his/her care after the victim was divingd in the room of the defendant at night.

2. Around July 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) put his/her finger in the victim’s clothes from the victim’s room located in the above residence to the victim’s clothes, and continued to allow the victim to enjoy the legs by side the victim, but the Defendant continued to have the victim’s panty and panty and put his/her her her her own sexual flag between the victim’s her her mare.

After the end, the indecent act was committed in a way that the victim made his/her sexual organ with his/her own hand and her mar with his/her her mar.

Summary of Evidence

1. Application of the criminal defendant's legal statements to the victim's statements recorded in the video CD;

1. Article applicable to criminal facts;

(a) Relatives by quasi-indecent 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;

(b) Relatives by compulsion: Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Of concurrent crimes, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment of concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is heavier than the hostage);

1. Article 62(1) of the Criminal Act (Article 53 and Article 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Discretionary Mitigation and Mitigation and Mitigation) (Article 62(1) of the Criminal Act (Article 62(1)

1. Act on the Protection of Children and Juveniles against Sexual Abuse;

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