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(영문) 광주지방법원 2020.05.22 2020고합79
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the victim B (a family name, a female, 15 years of age).

Around 20:40 on December 26, 2019, the Defendant returned home in Gwangju North-gu, Gwangju-gu, while drunk, and made it difficult for the Defendant to resist with knee by entering the victim's room, leaving the victim's kne, leaving the victim's kne, leaving the victim's kne, leaving the victim's kne, leaving the victim's kne, leaving the kne into the victim's kne, leaving the victim's kne, leaving the kne into the part of the victim's kne, leaving the kne, and take the breast in the kne of the victim's kne, and "I am the kne in the part of the victim's kn

In spite of the victim's refusal to do so, the defendant made the victim's two arms so that the victim does not move in, and even though the victim did not want to do so, the defendant continued to walk the victim's two arms, walked the victim's clothes on the side, such as the victim's inside and walking so that the man's body was revealed, and then he saw the victim into his clothes.

Accordingly, the defendant, who is a relative with the victim, committed indecent act by assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C Center stenographic records (victims) and investigation reports (related to the grounds for recognition);

1. Application of Acts and subordinate statutes on family relation certificate;

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

2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances to be considered in the following reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reasons for sentencing).

4. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures

5. The fact that the accused does not have the same criminal history as the accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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