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(영문) 춘천지방법원 원주지원 2019.10.17 2019고합46
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
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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

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion in relation to relatives), entered the room of the victim D (in addition, 14 years of age) who is a fluorous parent, who is a fluorous relative C in the original city B apartment C at around 06:00 on the date of 06:00, and became the chest of the victim by hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's blood victim's state to resist.

2. 아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등) 피고인은 2018. 6. 19. 08:00경 피고인 운행의 E 베르나 승용차에서 제1항 기재 피해자(여, 16세)를 태워 등교를 시켜주던 중 피해자에게 “치마 좀 줄이는 게 어떠냐. 어차피 안에 속옷 안보일 텐데, 짧게 입고 다녀라.”고 말하고, 손으로 자신의 성기를 만지면서 피해자에게 “너 때문에 섰잖아.”, “나한테 몸을 한 번 줘라.”, “어차피 나한테 먼저 한 다음에 시집가면 될 것 아니냐.”라고 말하였다.

As a result, the Defendant committed sexual abuse such as sexual harassment that causes a sense of sexual humiliation to children.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 71 (1) 1-2 and Article 17 subparagraph 2 of the Child Welfare Act (the occupation of sexual abuse against a child and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes)

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. Sentencing under Article 62(1) of the Criminal Act.

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