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(영문) 대전지방법원 논산지원 2017.12.13 2017고합61
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant, at the end of the year 2011, told the victim D (the 10 years of age), who is his/her her her son, in any of the alleys of the C in Busan, of the year 2011, “A,” committed an indecent act against the victim by assaulting or threatening his/her son’s son, by influoring his/her son, or threatening his/her son, and from that time until around 2013, he/she committed an indecent act against the same minor under the age of 13, who is a minor and under the age of 13, as described in attached Table 1 to 5, and committed an indecent act against the same victim, who is a child or juvenile who has been married six times in total, from around 2013 to from around 1 to 2014, as described in attached Table 6-11.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution and the police;

1. Statement made by the prosecution and the police concerning D;

1. Application of Acts and subordinate statutes governing family relations certificates;

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); Article 298 of the Criminal Act (amended by Act No. 11556, Dec. 18, 2012); Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1130, Oct. 3, 2014; hereinafter the same shall apply); Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Specific Crimes; Article 298 of the Criminal Act (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 7(3) of the former Act on Special Cases concerning the Punishment, etc. of Child and Juveniles against Sexual Abuse; Article 298(3) of the former Act.

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