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(영문) 서울북부지방법원 2020.11.27 2020고합193
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

On February 9, 2016, at around 03:20 on February 9, 2016, the Defendant, in the Michuhol-gu Incheon Metropolitan City B building C, and the Defendant, in mind, had the body of the victim who is a defendant's external relative (at 16 years of age) enjoyed the body of the victim's body and prevented the victim from resisting his/her body by suppressing his/her hand, and had the victim kicked twice into the victim's right-hand kick.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement E prepared by the police concerning D;

1. A complaint;

1. Application of Acts and subordinate statutes to caps, a copy of a camera, a set of multiple copies, a photographic image, and a photograph to the NAV cloud cloud screen;

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 provided for in Articles 40 and 50 of the Criminal Act concerning the concurrent crimes (a punishment imposed on any person in relation to relatives who violate 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15352, Jan. 16, 2018); the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018).

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