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(영문) 대구지방법원 김천지원 2013.11.29 2013고합97
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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 is a father of the victim C (ma, 24 years of age), who is a relative of the victim.

On May 2013, from around 11:00 to around 13:00 of the same day, the Defendant committed an indecent act against the victim by reporting that the victim was locked at the Defendant’s home room located in the old-si D apartment 104 Dong 1502, the Defendant committed an indecent act, such as drinking the victim’s mind to force indecent act, putting the victim’s hand into the victim’s clothes, putting the victim’s hand into the victim’s clothes, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of the police investigation report (as regards CDs with suspects, the application of the statute);

1. Article 5(3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”) concerning criminal facts, Article 299 of the Criminal Act

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete program;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [see, as examined below, there are special circumstances in which disclosure or notification of the personal information of the accused may not be made, as stated in the following]: Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 49(1) and 50(1) proviso of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse; and Article 50(1) proviso of the Act on Special Cases Concerning the Punishment, etc.

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