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(영문) 춘천지방법원 강릉지원 2015.04.09 2015고합14
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C's friendship D on July 19, 2007, who reported the marriage on the victim C(here, 17 years of age) and the victim's usheshes.

1. On February 2014, the Defendant: (a) had the Defendant and the victim’s residence in Samcho-si E and 203 around March 2014; (b) had his wife D yet failed to leave his home to commit an indecent act against other victims; (c) had the victim scam a coffee with dys before the bath room; and (d) had the victim scam a coffee with dys; and (c) had the victim scam in a state of being unable to use the hys; and (d) forced the victim to commit an indecent act against the victim

2. On February 2014, the Defendant committed an indecent act against the victim’s own chest in his residence described in the foregoing paragraph 1. Around February 2014, the Defendant did not work due to heavy snow, and his wife D did not work together with the victim to work to commit an indecent act against the victim’s computer in another room, with the victim’s body going back back to her own, followed the victim’s body toward her own, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police made on November 24, 2014 by the victim;

1. Statement made by the victim, video recorded CDs, and statement made by the police on November 28, 2014 by the victim;

1. Application of Acts and subordinate statutes of family relation certificate (A);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the aggravation of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion in Relatives)] among concurrent crimes;

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 (hereinafter referred to as the following grounds for sentencing) 1.

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