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(영문) 제주지방법원 2016.05.19 2015고합182
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was living together with the victim in the O apartment O's O's O's O's O's O's O's O's O's above-mentioned villages of the victim C (V, 6 years old).

On August 2015, from around 11 to around 11, the Defendant placed the victim in the living room of the apartment, placed the victim on the spande, placed the bridge on the pande, put the pande in the pande and pande and pande the part of the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. The defendant's legal statement (the statement at the first trial date);

1. Statement made by the police against D;

1. Reports on internal investigation (the identity of the suspected victim and the confirmation of his/her kinship), investigation reports (the confirmation of the relative relationship with the victim and the attachment of an on-site photograph) and accompanying materials;

1. Each statement recorded CD;

1. Each stenographic record or recording;

1. Application of Acts and subordinate statutes, such as a certified resident registration;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent conduct by blood or marriage), Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 (Indecent Conduct against Minors under the age of 13) of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment) ;

1. Selection of imprisonment with labor for a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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