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(영문) 부산지방법원 서부지원 2020.07.23 2020고합59
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of C, who is the father of the victim B (here, 23 years of age).

1. On February 1, 2019, at around 07:00, the Defendant discovered that the victim was divingd in the defendant's house located in the defendant's apartment D apartment E located in Busan Seo-gu, Busan, and came back to the victim's side, putting the victim's finger into the victim's upper part and brogate, cut the victim's hand, cut the victim's hand, cut the victim's hand, cut the victim's hand, cut the victim's hand, cut the victim's hand, cut the victim's hand, put the victim's breast into the brogate.

2. On October 29, 2019, at around 02:00 on October 29, 2019, the Defendant found that the victim was locked under the influence of alcohol at the inside of the Defendant’s house, and was off her panty and down her panty, and met the part of the victim’s bridge.

In this respect, the Defendant committed an indecent act against the victim on two occasions by taking advantage of the victim's mental or physical disability or non-fluence.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

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

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

1. Of concurrent crimes, the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on October 29, 2019, with a heavier penalty);

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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 notify, Article 49 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).

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