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(영문) 울산지방법원 2014.05.30 2014고합80
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

The defendant is the victim's degree to be imposed by father C (A. 16 years of age).

At around 15:00 on February 6, 2014, the Defendant: (a) deemed that the Defendant would sit in the victim’s house located in the victim’s house E in Yangsan-si to have 2,00,000 won, which was not known to the victim, by taking advantage of the gap in the victim’s house where the victim was mixed with the victim’s house; (b) however, the Defendant refused to take part in the victim’s house; (c) said, “I am to have taken off the token, I am much much to our country, I am to have taken off, I am kne of the victim; (d) said, I am kne of the victim; and (e) made it impossible for the victim to take off the victim’s humf with his left hand, and am on the part of the victim by continuously inserting his hand into the clothes in which the victim was suffering; and (e) said, (e) said, (e) said) said victim’s knick in several times.

Accordingly, the Defendant committed indecent acts by compulsion against the victim, who is a child or juvenile relative by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certified copy of the family register of the defendant and a family relation certificate for the victim;

1. Shot photographs of text messages on mobile phones;

1. Application of Acts and subordinate statutes for investigation reports (verification of dwellings of suspects A and Victims C);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act on Commercial Concurrent Crimes (a punishment concerning a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment;

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. Suspension of execution;

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