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(영문) 수원지방법원 2012.12.21 2012고합903
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

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

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On 25, from 02:00 to 03:00 on 25, 2012, the Defendant reported the fact that the wife D (the age of 12) was locked at the defendant’s house located at the small place of the defendant’s house located in Suwon-si, which had been operating 101 in Suwon-si, and had the victim drinked for indecent acts by compulsion.

The Defendant, who dumped on the victim’s side, by putting his hand into the victim’s clothes, and rhumd and rhumd the victim’s bucks and rhumd the victim’s bucks, by force.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of Acts and subordinate statutes to the written complaint, video recording consent, written application for company attendance, record, recording, criminal investigation report (Attachment of a written confirmation of counseling), confirmation of counseling on damage, investigation report (related to the examination of the victimized child), family relation certificate, and investigation report (the confirmation report of the attitude of the other party suspect of the victimized child);

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

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 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Grounds for sentencing under Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Imprisonment with prison labor for not less than two years and not more than 6 months but not more than 15 years;

2. Where the degree of an indecent act of a sex offender group, general standards, sex offense subject to the age of 13, or Type 3 (Specially decent Act by Indecent Act) (limited to the scope of recommending punishment) is weak in the application of the sentencing guidelines (limited to imprisonment of not less than two years and six months and not more than five years);

3. The crime of this case by which the sentence of sentence is to be sentenced is to be committed by force by force of the victim by taking advantage of the condition where the victim who is a female child is a relative, and the victim is to be 12 years of age.

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