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(영문) 대전지방법원 2018.06.22 2017고합410
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the father of the victim C (n'e, 21 years old) who has intellectual disability 3.

1. On February 201, 201, the Defendant: (a) at the house of the Defendant of the Daejeon Jung-gu apartment unit D, Daejeon-gu, Daejeon-gu, Seoul-gu; (b) stored the Defendant’s breast at the victim’s seat, who was able to sleep himself/herself, and she was able to wear his/her finger in his/her clothes.

Accordingly, the defendant committed an indecent act on the part of the victim who is a relative relative.

2. On February 2015, the Defendant, at the home and home of the said Defendant’s office at the same time, she was pandeed by her panty in the victim’s side where she was spanty and she was spanty, and she was spanched by the victim.

Accordingly, the defendant committed an indecent act on the part of the victim who is a relative relative.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records and a written statement prepared in C related to C;

1. Recording notes with C and video CDs recorded by victims;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012); Article 298 of the Criminal Act; Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 12889, Dec. 30, 2014);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [aggravating concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) around February 2015 with heavy penalty];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse; Article 21(2) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572), which is exempt from disclosure orders and notification orders;

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