Text
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
around November 2003, the defendant is a person who has a relationship with the victim by marriage with D, who is the father of the victim C (M, 13 years old at the time).
1. The Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims thereof (indecent act by compulsion of relatives), around the nearest day of 2004, at the inside of the Defendant’s residence in Yangju-si, E apartment 105 602, and at the inside of the Defendant’s residence in Yangju-si, and at the inside of the victim’s seated above, kept his hand together with the victim’s panty in a panty.
As a result, the Defendant committed indecent act against the victim who is related to the victim by taking advantage of the state of impossibility.
2. Around 07:00 on July 19, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force in relation to relatives) met with the victim’s clothes, such as the victim’s clothes intending to sleep in the inside of the Defendant’s residence in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, 402, with the victim’s clothes intending to sleep in the inside of the inside of the inside, and the victim’s her body behind the body, and the victim’s her her m
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Statement C in the suspect examination protocol of the accused by the prosecution;
1. Application of Acts and subordinate statutes to certified copies of expulsion and family relation certificate;
1. Article 7(3) and (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Amended by Act No. 10258, Apr. 15, 2010; Act on the Protection, etc. of Victims of Sexual Crimes); Article 299 of the Criminal Act (the fact of quasi-indecent acts by blood relations; the upper limit of punishment shall be 15 years pursuant to the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010); Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact of indecent acts by blood relations)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigation Criminal Act;