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(영문) 수원지방법원 2019.03.14 2019고합31
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강제추행)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the victim B (one's name, one's age, 12)'s usheshes.

피고인은 2009. 8. 7. 07:00경 수원시 장안구 C에 있는 피고인의 집에서, 외할머니 댁에 놀러 온 피해자가 거실에서 속옷만 입은 채 이불을 덮고 자고 있는 것을 보고, 손으로 이불을 걷어낸 다음 피해자의 음부를 수회 만졌다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to report on investigation (verification of relationship between a suspect and a victim);

1. Article 7(3) and (2) of the former Act on Special Cases concerning the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Article 5(10) of the former Criminal Act; Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished as a sexual crime; the instant crime is not against an unspecified victim; the Defendant and the victim are in a relationship of relatives.

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