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(영문) 대전지방법원 서산지원 2017.10.11 2017고합29
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are ties between women.

1. From June 2015 to June 2015, the Defendant committed a crime in the Rosckist coal;

7. Around 12. At the time of a new wall between the two pages, the Defendant’s house located at the Defendant’s house, which was under the influence of alcohol, and returned home to the Defendant’s room, and the Defendant Company C (V, 13 years of age) was able to her hand out with the Defendant’s clothes, and the Defendant’s chest was her chest.

Accordingly, the defendant committed an indecent act against the victim who is a juvenile with interest on kinship, which is in an impossible state of resistance.

2. The Defendant committed the crime in Ulsan Metropolitan City from May 18, 2016 to June 10, 2016, the victim C (V, 14 years old), who was divingd in a eel number feling room located in Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., by inserting her hand into the victim’s clothes, was released from the victim’s chest.

Accordingly, the defendant committed an indecent act against the victim who is a juvenile with interest on kinship, which is in an impossible state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. The victim's aid map and location of the telecom structure, and the victim's data collection map and location of the victim's business;

1. Photographs of the contents of counseling given and received by victims with F;

1. Application of Acts and subordinate statutes to a report on investigation (report on the date and time of crime, and the contents of G counseling services);

1. Article 5(3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the corresponding provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 7(4) and (3) of the Act on the Protection of Juveniles from Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (an indecent act by blood) and 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and a crime of violating the Act on the Protection of Juveniles from Sexual Abuse (a quasi-voluntary indecent act by blood) and punishment are more severe.

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