logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.09.26 2013고합420
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

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

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

Reasons

Punishment of the crime

1. At around 01:00 of the day on which the Defendant committed the crime, around 2009, 01:00, the Defendant followed the victim D (the age of 13 at that time) who was his relative, and was divingd by the Defendant from his house located in the apartment of Gwangju Metropolitan City, by inserting his hand into the victim’s e-mail.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's mental condition of relatives.

2. On February 27, 2012, the Defendant: (a) around 07:50 on February 27, 2012, 2012, around 07:50, the Defendant used the victim’s her relative, who was divingd at one’s home at one’s own home as stated in paragraph (1), to use the victim’s her relative, in a canter; (b) said victim was her relative, who was the victim’s her relative, and (c) said victim was her refusal to do so; and (d) said victim was her at the victim’s chest and her chest was her mother and fluor.

In this respect, the defendant committed indecent acts against the victim by taking advantage of the victim's mental condition of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Recording notes of D's statements made to the prosecution;

1. A written statement prepared by the defendant;

1. Application of Acts and subordinate statutes to each investigation report, one written opinion which is a legal assistant, and one copy of the 112 report processing statement (Evidence List 1, 2, 8, 9, 13);

1. Article 4 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply); Article 7(3) and (2) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 299-209 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts; Article 7(3) and (2) of the former Act on the Punishment, etc. of Sexual Crimes; Article 7(3) of the former Act on the Protection, etc. of Victims of Sexual Crimes; the upper limit of the punishment shall be the same.

arrow