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(영문) 대전지방법원 논산지원 2014.07.23 2014고합18
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant, as a small part of the victim C, has been staying in the office of the victim by attempting the victim's father's artificial fishery.

1. The Defendant committed the crime of wintering around 22:0 to 23:00 on the wintered 201, the Defendant entered the victim’s room, who was divingd at the house of the victim C (n, 13 years of age), located inside the victim’s room, and kids the victim’s chest by drinking the victim’s chest, kid against the victim’s chest, and kids the victim’s sound, and kid against the victim’s sound when kid against the victim’s head at one time on the part of the victim, by suppressing the victim’s resistance, and putting the victim’s chest into the part of the victim’s drinking part.

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

2. From around 22:00 to 23:00 of the Defendant committed the crime of A around 2012, the Defendant sent obscene video images to the victim by means of a computer at the room of the above victim (the age of 14), and let the victim sit the victim back to the next seat of the Defendant, and ordered the victim to fright off the victim fright and panty, and let the victim fright off the fright and panty, and put the fright into the part of the victim even though the Defendant was pushed up and resisted by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives in relation of relatives)] among the concurrent crimes;

1. Article 53 of the Criminal Act for discretionary mitigation.

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