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(영문) 서울북부지방법원 2016.04.29 2016고합84
성폭력범죄의처벌및피해자보호등에관한법률위반(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

From around 00:00 to around 02:00 of the same day, the Defendant: (a) took the hand over the side of the victim D (the son, the son and the son and the son and the son and the son and son, who was divingd in the apartment house in Seoul Central-gu and the defendant’s house located in 6 2009 Dong 2009, into the inside of the damaged person; (b) took charge of the part of the ship; and (c) took charge of the part of the victim’s sexual flag.

As a result, the Defendant committed an indecent act by using the state of resistance impossibility of the victim D, who is a friendship, from that time to June 2015, and committed an indecent act or indecent act by taking advantage of the victim D and E’s state of resistance impossibility, such as the written list of crimes, from that time to that time, during seven times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of stenographic records with respect to D or E;

1. Entry in the written complaint of D or E;

1. The statements of D or E contained in video recording CDs;

1. Application of the Acts and subordinate statutes stated in the investigation report (Attachment of the school life records of the victims, and a photo of the suspect's residence site);

1. Relevant legal provisions concerning criminal facts;

A. Violation of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 7(3) and (2) of the former Act on the Punishment of Sexual Crimes; Article 299 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Article 42(2) of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 29 of the former Act on the Punishment of Sexual Crimes; Article 42(1) of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 25(2) of the former Act on the Punishment of Sexual Crimes (amended by Act No. 10251, Dec. 15, 2012); Article 25(1)9 of the former Act on the Punishment of Sexual Crimes

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