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(영문) 대전지방법원 천안지원 2014.01.15 2013고합257
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since 2007, the defendant was in de facto marital relationship with the mother D of the victim C (the family name, the female, the age of 11).

1. On August 17, 2013, at around 20:00, the Defendant: (a) placed the victim on the inside bed room of the apartment in which the Defendant, the Defendant, and the victim reside together; and (b) placed the victim on the bed room of the apartment in which the victim is located; and (c) placed the victim in the bed of the victim’s brogate and the bed of his/her brogate and her clothes; and (d) committed indecent act against the victim.

2. At around 20:00 on August 20, 2013, the Defendant committed an indecent act against the victim by putting the victim on the bed at the bed room, putting the victim on the bed, placing him in the bed and panty of the victim his knife his knife and knife, making the victim knife his knife into his bed and knife his knife, and making the victim knife his knife into his bed.

Accordingly, the defendant is under 13 years of age, and the victim of de facto kinship was forced to commit an indecent act on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement video recording CDs;

1. Statement made by the police on D;

1. Statement of the investigation result report; and

1. Application of statutes on experts' written opinions to child sexual assault cases;

1. Article 5 (2) and (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion against minors under the age of 13);

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any more severe punishment than that on special cases concerning the punishment, etc. of sexual crimes in relation to relatives);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on August 20, 2013 with heavy penalty] among concurrent crimes;

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 of the Criminal Act:

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