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(영문) 대전지방법원 2018.12.07 2018고합318
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and D (the age of 42) are de facto marital relations from May to June 2012, the victim E is a woman relationship with the defendant as a woman of D.

1. On June 05:00 to 06:00, the Defendant committed an indecent act by taking advantage of the victim’s mental and physical loss or resistance impossible condition by entering the victim’s room (the age of 17 years at the time) in his/her residence, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, 17:00.

2. On February 2, 2018, the Defendant:

3. At early 05:00 around the same residence as the above paragraph 1, both chests of the victim (at the time 18 years of age) were knifeed by the victim, and they committed indecent act by taking advantage of the victim’s mental or physical loss or arbitrariable condition of relatives.

3. Around 02:00 on March 10, 2018, the Defendant committed an indecent act by taking advantage of the victim’s physical and mental loss or resistance impossibility status, who was divingd in his/her dwelling room (the age of 18 at that time) after enjoying the victim (the age of 18).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and prosecutor with regard to D and E;

1. A complaint filed by E;

1. G details;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to family relation certificates);

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

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent Acts by blood) around June 2017, the nature of the crime and the circumstances of the crime are the largest];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

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