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(영문) 수원지방법원 2019.09.26 2019고합356
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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 in the family of the victim who is the father of the victim B (the family name, the female, the age of 38).

1. At around 08:00 on May 28, 2019, the Defendant continued to look at the victim’s chests of the Defendant, even though: (a) on the part of the victim, who was living in the wife C, the Defendant called “equi, drinking,” and (b) on the part of the victim who was living in the Party C; (c) on the part of the victim who was living in the Party C, the upper part and the shoulder part of the body and the shoulder part of the Defendant were met several times in a number of times; and (d) on the part of the victim who was pushed the Defendant.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

2. At around 11:00 on the same day, the Defendant: (a) 11:00 on the upper house; (b) 11:00 on the floor of the victim, the Defendant diversed down the floor and kifed down the victim’s chests inside the victim’s side; (c) kiddd up the victim’s chests several times; and (d) kid up the victim’s fingers inside the panty.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. A report on investigation (documents proving the relationship of relatives);

1. Copy of resident registration related documents;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act concerning the crime;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes by Indecent Acts in Relation to Relatives)

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. Punishment of sexual crimes committed against an order to attend school;

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