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(영문) 광주지방법원 해남지원 2013.10.10 2013고합29
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around March 2009, married with the mother D of the Victim C around 2009,

1. From 20:00 on the date of December 201, 201, when the victim (the victim (the victim (the son, the 9-year old age) and the kniver play in the ward No. 102-dong No. 101-dong No. 101-dong No. 201-dong No. 101-dong No. 101-dong No. 101-dong No. 201-dong No. 201-dong No.2

2. On the date 20:00 on December 2, 201, 201, the victim (at the age of nine) was laid in a sofac in a sofac in the same place as Paragraph 1, and the victim was able to collect his/her hand from the part of the lock clothes of the victim while he/she was in a sofack, and talked with the part of the victim

3. On April 2012, at around 20:00 on the date, a victim (or 9 years of age) who works in a cell phone bed in the inside room located in the same place as Paragraph (1) of this Article, and the victim (or she is able to gather his/her hand in the face of the victim and gather his/her hand in the face of clothes;

4. On October 2012, at around 20:00 on the date, the Defendant’s house located in the Namnam-gun F of the Namnam-gun of the Republic of Korea: (a) kidd by the victim (or 10 years old); (b) the Defendant’s house located in the Defendant’s house located in the Namnam-gun of the Republic of Korea (or 10 years old); and (c) the Defendant’

5. On April 13, 2013, around 20:00, at the same place as that of paragraph 4, the victim’s (here, 10 years of age) was committed by indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the victim’s statement video CD-related Acts and subordinate statutes;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11729, Apr. 5, 2013); Article 298 of the Criminal Act concerning criminal facts

1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 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 children and juveniles who attend lectures;

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