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(영문) 창원지방법원 통영지원 2018.11.15 2018고합118
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

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) is the father and father of the victim C (a family name, female, 13 years old), who is the father and father of the defendant's house located in G in G in Gyeongnam-gun, Jinnam-gun, in August 2013, the adult goods are viewed as the victim, and the adult goods are viewed as the victim.

“The Ham Frithm Ham Hamm Hammschers and Doeschers,” referring to “the panty,” she exceeded the panty, changed the victim’s sexual organ, but the victim refused to do so, the victim was forced to kn the victim’s hand and met her sexual organ, and was indecently committed by putting the victim out of the clothes on the bed.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On August 23, 2013, at the end of 23:30, the Defendant committed an indecent act on the part of the victim’s panty, wherein the Defendant was living in the Defendant’s dwelling room (for example, name, 13 years old), by reporting the victim C, and by committing an indecent act against the victim.

B. On September 23, 2013, around 23:30, the Defendant committed an indecent act on the part of the Defendant’s pande by inserting his hand into the victim’s panty, who was living in the Defendant’s dwelling room (name, her life, her age 13) and committed an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of each prosecutor's office with regard to C (tentative name) and E;

1. Application of the Acts and subordinate statutes on criminal investigation report

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 charge of forced indecent conduct by blood) concerning the crime, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the charge of quasi-voluntary indecent conduct by blood);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is the most severe crime, shall be imposed.

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