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(영문) 제주지방법원 2020.05.07 2020고합24
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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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, as a mother of the victim B (a family name, female, 15 years of age), was living together with the victim in the same residential area for about 10 years.

At around 23:50 on January 2, 2020, the Defendant entered the victim's room in Jeju-si, the Defendant, and the victim's residence, enter the victim's room in order to use his hand on the part of the victim, and demanded the victim to have dancing, and brought about the victim's entrance alcohol by having the victim easily fit, while the Defendant demanded the victim to have dancing with 50,000 won, and again put him/her in his/her mouth until the victim was drafted.

Accordingly, the defendant committed an indecent act against the victim who is a relative of a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Stenographic records;

1. Application of the police statement law to D;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the Act on the Protection of Children and Juveniles against Sexual Abuse.

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