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(영문) 수원지방법원 여주지원 2016.09.08 2016고합71
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is living together with the victim at the home of the defendant who is in Ethcheon-si D with the victim C(M, 19 years of age).

1. The Defendant: (a) around the year 2012, 2012: (b) around the said house; (c) her fingered from the victim’s side (at the time 15 years of age) to the her chest to the upper part of the victim; (d) her fingered into the upper part of the victim; and (e) her chested into the upper part.

In this respect, the defendant committed indecent act against the victim by taking advantage of the victim's blood victim's blood.

2. The Defendant stated in the indictment on March 17, 2016 as of March 18, 2016. However, according to the recording and the protocol of examination of the Defendant’s suspect by the prosecution, the above facts can be acknowledged, and even without the amendment of indictment, it does not seem that the Defendant’s exercise of the right to defense would be substantially hindered. Therefore, it is recognized ex officio as different from the facts charged.

At around 09:30, the victims of the above house (at that time 19 years of age) walked to the part of the victim by shouldering the victim, who was locked from the bed and faced with the victim, to the part of the victim's neck, and the victim's chest was knife with the victim's chest by hand, and the victim exceeded the half panty and the panty, who was suffering by the victim, and the victim was sexually donated to the victim by hand.

In this respect, the defendant committed indecent act against the victim by taking advantage of the victim's blood victim's blood.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 299 of the Criminal Act (Acts referred to in paragraph (1) of the same Article); Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act (Acts referred to in paragraph (2) of the same Article)

1. Of concurrent crimes, paragraph 2 of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act shall be more severe.

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