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(영문) 광주지방법원 2013.09.26 2013고합366
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant is a father and mother of the victim C (math, 16 years of age), and is a relative with the victim.

At around 03:00 on February 11, 2013, the Defendant committed an indecent act against the victim by taking advantage of the victim’s panty in the victim’s panty, where the victim was spanty of the Defendant and continued to put the spanty part of the victim who was diving into the defendant’s finger, and the victim committed an indecent act against the victim by taking advantage of the victim’s state of refusal to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Article 5(3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012) concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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. Reasons for sentencing of a child or juvenile exempted from disclosure or notification order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of favorable circumstances, etc. that are viewed as the grounds for sentencing below, it is difficult to deem that the defendant is likely to recommit a sexual crime; and in full view of all other circumstances, it is deemed that there are special circumstances that the disclosure or

1. The crime of this case is an element of sentencing unfavorable to the Defendant, such as the fact that the Defendant was faced with the chest and the negative part of the Defendant’s locking age, and the nature of the crime is bad, and the victim was considerably physically and mentally shocked due to the instant crime.

On the other hand, the defendant is late.

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