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(영문) 광주지방법원 2017.01.20 2016고합441
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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 is the father and father of the victim C (here, May 2008).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by blood);

A. On April 29, 2016, the Defendant: (a) had a victim who was intending to sleep at the Defendant’s home room located in Naju-si, B around April 29, 2016 (at the time seven years of age); (b) had a panty of the victim; and (c) had a panty of the victim by inserting her hand into the victim’s panty.

B. On May 31, 2016, the Defendant: (a) brought about the victim (the age of eight at that time) who was intending to sleep at the place referred to in the above A. on May 31, 2016; (b) brought the victim’s hand into the victim’s inner part; (c) brought the victim’s hand into the victim’s inner part; (d) exceeded the victim’s panty part; and (e) included the victim’s hand in the panty part.

Accordingly, the defendant committed a forced indecent act on the victim's relatives twice.

2. Around June 2, 2016, the Defendant violated the Child Welfare Act (child abuse) committed, at the same time, the act of assaulting the victim at his/her son’s hand on the ground that the victimized person was not responding to the question of the Defendant on the ground that the victimized person was in tree at a place set forth in paragraph (1) above (the former eight years of age), and at the same time, committing a physical abuse that may inflict bodily harm on the body of the victimized person, or that may injure physical health and development of the body of the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Recording recording;

1. Application of investigation reports (in relation to telephone conversations with a victim and a teacher in charge of telephone conversations who first consulted with him/her), investigation reports (in relation to telephone conversations with a victim), and Acts and subordinate statutes;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of compulsory indecent act by blood) and Article 260 (1) of the Criminal Act (the point of violence), Article 71 (1) 2 and subparagraph 3 of Article 17 of the Child Welfare Act (the point of violence) concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Assault and child abuse) shall be imposed on the crimes provided for in Articles 40 and 50 (Assault and child abuse (child abuse).

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