logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2016.11.09 2016고합20
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a person in a de facto marital relationship with D, and the victim E (FF and female) is a member of D.

Around August 2015, the Defendant committed an indecent act once against the victim, who was divingd in the Defendant’s residence room in South-Namnam Navy G, in a manner that the victim’s pande by inserting his hand into the victim’s panty in a panty line, and committed an indecent act once against the victim in the same manner at the same time in the same place as in December 2015.

Accordingly, the Defendant committed an indecent act by force against the victim who is under 13 years of age unable to resist.

Summary of Evidence

1. Each legal statement of the witness H and I;

1. A video recording CD or a video recording CD;

1. A written opinion of a child sexual assault expert;

1. Report on internal investigation (whether or not the victim has a kinship with the suspected victim);

1. Application of Acts and subordinate statutes to certified copies of resident registration and family relation certificate;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 299 of the Criminal Act, Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a quasi-indecent act by compulsion against a person under the age of 13);

1. The provisions of Articles 40 and 50 of the Criminal Act (a punishment imposed on the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Minor Quasi-Indecent Acts) and the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (aggravated Punishment of Quasi-Indecent Acts in Relatives) among concurrent crimes;

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

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; and

arrow