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(영문) 인천지방법원 부천지원 2018.11.23 2018고합171
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for two years.

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 a victim B (the defendant is eight years of age, female).

On July 2008, the Defendant became aware of the victims coming from toilets in the dwelling space of the Defendant in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Incheon apartment D around the end of July 2008, and was seated above knee of the Defendant, and was suffering by the victim.

In the panty, the hands was stored in a way that enables the victim to write and rout the sound of the victim.

Accordingly, the defendant is a minor under 13 years of age, and commits an indecent act against a relative victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 7(2) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply); Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply); Article 8-2(3) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 910, Jun. 13, 2008); Article 298 of the Criminal Act (amended by Act No. 10258, Apr. 13, 201; hereinafter the upper limit of the punishment shall apply)

1. Article 40 of the Commercial Concurrent Crimes Act (the punishment provided for in Article 40 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof) and the punishment between violations of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (the punishment of minor rape, etc. under the age of 13) shall be imposed on any more severe sexual crime and any violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof);

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. A Addenda to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1156, Dec. 18, 2012)

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