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Reasons
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(영문) 광주지방법원 2014.12.22 2014고합439
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On May 2013, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) exceeded the victim D (the victim’s son, Ears, and 4 years old at the time; hereinafter referred to as the “victim”) who is a pro quo of the Defendant’s home room located in C at the time of May 2013, and forced the victim to commit an indecent act by inducing the victim to have a her sexual organ shade under the above conditions.

2. From March 2014 to April 2014, the Defendant forced a relative victim to commit an indecent act by cutting off panty and panty inside the Defendant’s house, cutting off panty and panty (five years old at that time) and cutting off the victim’s panty on the Defendant’s sexual flag, cutting off the victim’s body above the Defendant’s sexual flag, stringing the victim’s body, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The statement of the victim appropriate for the victim from among the video recordings made to the victim;

1. The statement made in relation to F the statement prepared by the public prosecutor, which is consistent with this;

1. Statement prepared by the assistant judicial police officer in relation to G, which is written in conformity with such statement;

1. A statement fit for such statement in the 112 Report and Handling List;

1. Application of each of the Acts and subordinate statutes mentioned above to the family relation certificate and marriage relation certificate;

1. Article applicable to criminal facts;

A. Article 5(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 7(3) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a point of indecent act by compulsion of minors under the age of 13)

B. Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act by force by relatives), Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 298(13) of the Criminal Act.

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