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(영문) 부산지방법원 동부지원 2016.08.26 2016고합67
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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

The defendant is the father of the victim C (n, 7 years of age), D (n, 6 years of age).

The Defendant entrusted the victims to “E” as social welfare facilities from June 2012, when the parents of the victims brought the victims of the family delivery to the victims of the family delivery. At the end of the week, the victims were taken care of and raised up.

The Defendant, from November 21, 2015 to December 2015, 2015, at the Defendant’s residence room located in Busan F and at the time of the night, from around Busan F’s residence, and from the victims for self-harm, the Defendant was able to take a panty and panty of the victims, and the Defendant was her son and her son.

Defendant continued to enjoy next to the Defendant.

C The removal of the inner clothes and the suffering of his girls

In panty, the fingers were put into the hands, and the sound of the female became new.

Accordingly, the defendant committed an indecent act against the victims of kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (victim C and 7 years of age); statement CD-victim C; investigation report (victim C and 6 years of age); statement recorded CD-victim D;

1. The application of the provisions of the Acts and subordinate statutes to the police statement report, investigation report (as to the attachment of counseling services for victims E), investigation report ( as to the attachment of expert opinion on sexual assault against children with disabilities), investigation report (as to the attachment of expert opinion on sexual assault against children with disabilities), investigation report (to hear the

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims D with heavy circumstances];

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 Committed to Attend;

1. Exemption from an order of disclosure and notification;

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