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(영문) 인천지방법원 부천지원 2017.10.13 2017고합168
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is a father of the victim C (a family name, a woman, 11 years of age).

On May 1, 2017, the Defendant: (a) removed from the inner room of the new wall D and 1st floor in the inner room of the Sincheon-si, Dok-si, and 1st floor; (b) taken a cell phone image in the side of the victim who reported the dynamic image to commit an indecent act against the victim; (c) taken the hand into the victim’s will and panty; and (d) took the part of the victim’s sexual flag by attracting the victim’s hand.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Domestic history reports, reference materials for guidance of children, certified copy of resident registration, counseling logs related to sexual assault against victims, written opinions, and stenographic records;

1. Investigation report (recording of statements against the victim), the victim's picture, opinion on psychological and evaluation, expert opinion, and on-site photograph;

1. The application of Acts and subordinate statutes to investigation reports, recording books, investigation reports (to listen to the statement by telephone of a victim family management counselor), forwarding of evidence following a request for cooperation in investigation, resident registration, certified transcript of family relation, certificate of expulsion from the military register, certified copy of investigation report (to listen to the statement by telephone of a teacher of a special class who has consulted with a victim while attending

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the point of compulsory indecent conduct by blood relationship), Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (the point of compulsory indecent conduct by a minor under the age of 13) of the Criminal

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in which any punishment is heavier than punishment) ;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act ( Taking into account the following favorable reasons among the reasons for sentencing):

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

1. The proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure and notification orders.

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