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(영문) 수원지방법원 평택지원 2018.08.17 2018고합109
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the father and father of the victim C (V, 15 years of age).

1. On January 2018, the Defendant committed a crime in the middle of January 2018, at around 10:00 Pyeongtaek-si D, 106 Dong 902, in the inside of the Defendant’s residence, and after being accumulated in the victim’s side by the locker, the Defendant met the victim’s chest by inserting his hand into the victim’s upper part, and met the victim’s chest by inserting his hand into the lower part.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-refluence status.

2. On January 2018, the Defendant committed the crime at around 13:00 as of January 2018, 2018, at the inside of the above Defendant’s residence, opened the locked victim’s side, and opened the victim’s panty, and opened the victim’s panty and tur.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 concerning facts constituting an offense;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Concurrent Crimes (Indecent Act by Relatives)];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The part of the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order of disclosure and notification (the Defendant has no criminal record of any sexual crime) may identify the identity of the victim by taking into account information about the Defendant’s disclosure and the name of a sexual crime committed against the public perusal, where the victim is a relative of the Defendant, as in the instant case.

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