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(영문) 대전지방법원 2016.11.25 2016고합395
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the family relationship between the victim C and the female.

1. At around 02:00 to 03:00, the Defendant: (a) under the influence of alcohol at the Defendant’s house located in Daejeon Dong-dong, Daejeon, Daejeon; (b) was under the influence of alcohol, the Defendant: (c) was deprived of the victim’s panty by taking advantage of the victim’s state of being unable to resist due to sleep; (d) was discharged from the victim’s panty; (c) was discharged from the victim’s sexual organ by her hand; (d) was frighted by the victim’s chest; and (e) was frighted by her hand; and (e) the victim’s chest was taken by his

2. The Defendant, around 02:00 to 03:00, committed an indecent act against the Defendant’s parent of the Defendant in Chungcheong-gun E in the same manner as that of paragraph (1).

3. On June 2016, around 02:00 to 03:00, the Defendant committed an indecent act by the Defendant’s house management method in Daejeon Dong-gu, Daejeon. The Defendant committed an indecent act by the Defendant’s house management method in which the Victim C (A, female, 13 years old) took advantage of the state in which he/she is unable to resist due to diving.

Accordingly, the defendant committed indecent act by taking advantage of the victim's state of non-ffort.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. C’s statement recorded in the video CD;

1. Application of Acts and subordinate statutes on resident registration;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [a person who concurrently commits the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Quasi-Indecent Acts in Connection with Relatives) concerning the most serious criminal facts as stated in the holding that the crime is committed or committed];

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 proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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