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(영문) 대전지방법원 서산지원 2015.08.27 2015고합51
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force based on relative relations) committed, on April 2012, 2012, the Defendant: (a) carried the victim’s hand in the side of the victim D (the 18 years old), who was satisfy in the middle of 06:20 on April 20, 2012; (b) carried the victim’s hand; (c) prevented the victim’s hand from resisting the victim’s bridge between the Defendant’s bridge; (d) laid his hand in the victim’s shoulder; and (e) forced the victim’s finger by inserting his hand into the victim’s panty line; and (e) putting his hand in the victim’s panty line.

2. From June 2012 to August 8, 2012, the Defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by force based on relatives) falls under the same year.

8. At around 02:30 between the above defendants, the grandchildren were placed in the victim's side and the victim's panty, and the victim's her panty and her part were flock and her part were flock, and the victim's her flock and her part was flockd by taking advantage of the state of her

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigation report (report on the hearing of the complainant's father's telephone statement and report on the hearing of the complainant's senior telephone statement);

1. Stenographic records;

1. All of the written opinions of experts with disabilities;

1. Application of Acts and subordinate statutes to notify the results of statement analysis;

1. Article 5 (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 5 (3) and (2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are heavier than the hostage];

1. Article 53 of the Criminal Act for discretionary mitigation.

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