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(영문) 청주지방법원 2019.07.05 2019고합89
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

For the defendant, 40 hours of sexual assault treatment program and 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

The defendant is the father and father of the victim B (son, 9 years of age).

1. From October 21, 2018 to 19:00 on October 21, 2018, the Defendant continued to have a part of the victim, despite the Defendant’s refusal, even though the victim was able to have a part of the victim, by inserting his/her hand into the lower part of the victim himself/herself, in the public room located in the Defendant’s residence located in Cheongju-si Office C, Cheongju-si Office.

2. On October 25, 2018, around 19:00 on October 25, 2018, the Defendant, at the same place as indicated in the above paragraph 1, Dara was slicked with the victim’s clothes above the clothes of the victim himself/herself, and continued to be traw with his/her clothes above the victim.

Accordingly, the Defendant committed an indecent act on the part of a minor under 13 years of age, who was related to relatives twice.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement contained in the victim B’s statement recorded CDs;

1. Application of the police statement law to D;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on the crime, Article 7 (3) of the 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);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, among the crimes of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and the punishment

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act in Relatives)

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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