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(영문) 창원지방법원 진주지원 2016.06.02 2016고합25
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant, as the father of the victim C (at 17 years of age, intellectual disability 3 level) with visual disability 1, was hospitalized in the hospital for a long time, and was living in the defendant's residence in Jinju city D Apartment 205, the defendant was able to commit an indecent act against the victim.

1. On June 2015, the Defendant committed an indecent act, such as: (a) in the inner room of the Defendant’s residence on the date of the new wall; (b) in his/her hand, he/she saw the victim dysing away from the Defendant’s side; (c) took the victim’s chest as he/she was in charge of the victim’s chest; and (d) took the victim’s finger on his/her body as his/her hand on the part of the victim’s hand;

2. On June 2015, the Defendant committed an indecent act, such as: (a) in the inner room of the Defendant’s residence on the date of the new wall; (b) in his/her hand, he/she saw the victim dysing away from the Defendant’s side; (c) took the victim’s chest as he/she was in charge of the victim’s chest; and (d) took the victim’s finger on his/her body as his/her hand; and (e) took the Defendant’s

3. On June 2015, the Defendant committed an indecent act, such as: (a) in the inner room of the Defendant’s residence on the date of the new wall; (b) in his/her hand, he/she saw the victim dysing away from the Defendant’s side; (c) took the victim’s chest as he/she was in charge of the victim’s chest; and (d) took the victim’s finger on his/her body as his/her hand; and (e) took the Defendant’s

Accordingly, the Defendant committed an indecent act against a relative related person by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs recorded by the victim;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports (including accompanying documents for confirmation, such as victims and certified copies of suspect registration);

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Article 50) of the Criminal Act for the aggravation of concurrent crimes.

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