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(영문) 대전지방법원 홍성지원 2018.08.16 2018고합15
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C (one, half, and 16 years of age), who was appointed as a minor guardian of the victim after the victim's father, who was the father of the victim's relative interest, died on November 10, 2016, and was living together with the victim in Chungcheongnam-gun, Chungcheongnam-gun, 2017.

1. On March 2017, the Defendant: (a) committed an indecent act against a relative related person in a state of impossibility of resistance on the part of the victim, by taking advantage of the victim’s secret back to the victim who was diving by entering the victim’s room; and (b) by taking advantage of the victim’s chest by hand, the Defendant committed an indecent act against the victim.

2. On April 2017, the Defendant committed an indecent act against the victim of a relative-related person in a state of resistance by diving in the same manner as the above paragraph A, at the lower police officer.

3. On May 2017, the Defendant committed an indecent act against a relative related person in a state of impossibility of resisting by taking the victim’s body by taking the victim’s body in his/her hands out by entering the victim’s room and leading him/her to the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Article 5 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 299 of the Criminal Act;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) committed on April 2017 with the largest penalty];

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

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

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

1. An order of disclosure, notification and notification; and

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