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(영문) 서울중앙지방법원 2018.02.09 2017고합1085
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who has a blood relationship with the victim due to a bad-friendly relationship with the victim D (V, 23 years of age).

Since mid-23:00 on November 2005, the Defendant reported that the victim was 11 years of age at the time in the room located in Dongjak-gu Seoul Metropolitan Government E Apartment 1, 607, and that the victim was able to sleep himself/herself at the time, and that the victim was able to wear down his/her breast.

Accordingly, the Defendant committed an indecent act by force on the part of the victim using a locked state.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of suspect partially against the defendant;

1. A complaint, the records of the notes submitted by each victim (the preparation of the suspect), the details of mobile phone text messages submitted by the victim (the details of the cell phone text messages between the victim and the suspect), the mail files submitted by the person under whose suspicion the crime was committed (the preparation of the suspect), the drama broadcasting information (F,

1. A family relation certificate, resident registration abstract;

1. Investigation report (verification of the date of broadcasting violence toG relatives) (the application of Acts and subordinate statutes;

1. Article 7(3) and (2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”); Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”); Article 299 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter “Special Act on the Punishment, etc. of Sexual Crimes”).

1. Article 53 and Article 55(1)3 of the Criminal Act (Article 55 and Article 55(1)3 of the said Act (The following favorable circumstances);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that it is favorable below):

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order for disclosure or notification, or personal information;

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