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(영문) 전주지방법원 군산지원 2014.12.05 2014고합170
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the child of the victim C (here, D).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor or similar act under thirteen years of age);

A. On January 2012, the Defendant, at the dwelling space of the Defendant and the victim (at that time, 11 years of age) located in Sinsan-si, Sinsan-si, Donsan-si, rhym and rhym the Defendant’s boat of the victim, and knife the chest with her fingers, and her fingers into the quality of the victim.

B. On February 2012, the Defendant sent the chest of the victim (at that time, 11 years of age) to his/her hand in the lower court’s residence, and laid down his/her fingers into the body of the victim.

Accordingly, the defendant committed similar acts to the victim under the age of 13 over twice.

2. On 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion in relation to relatives) committed in the inside of the residence of the Defendant and the victim (13 years old at the time) under the F in Gun, Sinsan-si, Sinsan-si, 202, and 13 years old at the same time, and the chest part of the victim under the care of

In this respect, the Defendant committed indecent act on the victim's kinship.

Summary of Evidence

1. Defendant's legal statement;

1. Each stenographic record or recording;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 7 (2) 2 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) on the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. The punishment of a sexual crime with personal information registered under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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