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(영문) 대구지방법원 서부지원 2018.04.12 2017고합268
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant was a big baby of the victim C(n, 9 years of age) and was able to assist the victim's assistance and raising the victim.

On August 13, 2017, at D Park Seo-gu, Daegu-gu, Daegu-si around 08:00, the Defendant was able to see the victim's desire and her hand into the panty of the victim and became her part of the victim's sound.

Accordingly, the defendant committed an indecent act by force against a victim under 13 years of age who is a relative-related person.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the point of compulsory indecent conduct by blood relationship), Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 (the point of compulsory indecent conduct by a minor under the age of 13) of the Criminal

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of a person who commits a violation of 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 violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a punishment prescribed for a crime

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of criminal punishment for a sexual crime before, and thus, has a risk of recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude this case, and only the registration of personal information on the defendant and the lecture of sexual assault treatment can expect the effect of preventing recidivism.

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