Text
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
(e).
Reasons
Punishment of the crime
The defendant is the victim C (mar, D's birth)'s mother E on October 7, 2004 and the victim's father who is the legal father of the victim.
1. On September 7, 2014, the Defendant committed the crime of Sep. 7, 2014: (a) around 10:00 on Sept. 7, 2014, at the home of the Defendant, and (b) around 104, the Defendant visited the Defendant’s house with his/her parents after having string away tin at the home of the Defendant’s residence; and (c) during the period in which he/she was locked in the inside the room after completing meals, the Defendant spanty of the victim was placed in the Defendant’s panty and
As a result, the Defendant committed an indecent act against the victim who is a relative by taking advantage of the state of the victim who is unable to resist.
2. On July 17, 2016, the Defendant committed a crime on July 17, 2016: around 15:00, at the places indicated in the above paragraph (1) above, put a hand in the victim’s pande in the victim’s panty in a pande with a parent who visited the victim with his/her parent to have a brupt for the growth cruel of the early mother, after eating the victim, with a brue Handphone on the bed, and then put the hand into the victim’s pande in the part of the victim’s sexual flag.
As a result, the Defendant committed an indecent act against the victim who is a relative by taking advantage of the state of the victim who is unable to resist.
Summary of Evidence
1. Statement by the defendant in court;
1. stenographic records of victims;
1. Application of statutes, such as family relation certificates;
1. Article 5 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act, concerning criminal facts;
1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [aggravated Punishment of Concurrent Crimes (aggravated Punishment by Relatives)];
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) [the Defendant’s age, occupation, family environment, social relationship, criminal record, and recidivism recognized in the record.]