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(영문) 대구지방법원 상주지원 2015.02.05 2014고합49
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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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, as a Grade 3 of intellectual disability, was in a state of lacking ability to discern things or make decisions due to mental retardation at the time of committing the following crimes:

1. At the lower end of the day of 2010, the Defendant’s house located in the Sinhyeong-si, Sinyeong-si, 2010, carried the computer game, with the Defendant’s clothes of the victim D (ma) who was a female fat, by inserting his hand into the clothes of the victim D (ma), and talked with the victim’s breast, fat, and tamp.

Accordingly, the defendant committed an indecent act by force against the victim who is a person under 13 years of age at the same time as the defendant was related to the defendant.

2. From 2011 to 2012, the victim’s sound, chest, etc. was immediately fluored despite the victim’s words “the victim’s sound, fluence, and fluence fluence fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen fluen,”

Accordingly, the defendant committed an indecent act by force against the victim who is a person under 13 years of age at the same time as the defendant was related to the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (Details of statements made in victim D);

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on expert opinion;

1. Article applicable to criminal facts;

A. In the case of indecent act by blood as stated in paragraph (1) of the same Article: Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010) and Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258 of Apr. 15, 2010), the date of the crime is only lower than that of April 15, 2010, and it is unclear whether it was after the enforcement of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258 of Apr. 15, 2010).

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