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(영문) 수원지방법원 성남지원 2015.11.26 2015고합1
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person who lives together with F for about 10 years of money in the victim E (six years of age at the time) and is in a de facto marital relationship.

At around 19:00 on June 20, 200, the defendant, at the defendant's house located in the apartment complex of Gwangju-si, Gwangju-gu, Gwangju-si, for the purpose of forcing the victim to commit an indecent act by forcing the victim to commit an act. The defendant exceeded the victim's will and panty, exceeded the part of the victim's hand, and put the finger into the part of the victim's drinking part.

Accordingly, the defendant committed an indecent act by force against the victim who is a de facto relative.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Records of statements made by victims;

1. Written opinion of the child sexual assault case;

1. Application of Acts and subordinate statutes, such as the original of a commitment agreement;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Article 298 of the 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. As to orders to complete programs, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 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 ( December 18, 2012), Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is the primary offender, and the mother of the victim is the Defendant.

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