logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2016.08.11 2016고합7
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant committed a crime in order to commit an indecent act by force against the victim D (the 11-year old age), who was the grandchildren of the Defendant, a female of the Defendant, who was living in the kitchen c of the Defendant’s house located in Southern-si, Namwon-si, Namwon-si, in the middle of November 2015.

2. On November 2015, around 2015, the Defendant appears to be “23:00” as stated in the written indictment at around 21:00 as of the date of November 2015, and it is determined that ex officio change of the indictment would be likely to substantially disadvantage the Defendant’s exercise of his/her right to defense.

In the above-mentioned method of the defendant's office, the above victim's panty and panty knee is exceeded, and the defendant's panty and panty are also kneeed, and the victim's panty was placed on the part of the victim's panty, and the defendant's panty was forced to commit an indecent act against the victim by force.

3. On November 28, 2015, the Defendant committed the crime and committed an indecent act by force against the victim on November 28, 2015, by holding his/her son on the part of the said victim, who was reporting TV, at the same school as that of the above paragraph (2) at around November 28, 2015.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. The statement made by the victim D in video recording CDs;

1. G statements;

1. A summary of cases of victimized children, and replies to the contents of counseling for D children;

1. Investigation report (related to confirmation at the scene of the crime and attaching field photographs);

1. Application of Acts and subordinate statutes to report internal investigation (the confirmation of family relationship of a victim and a suspected person);

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the pertinent provisions concerning criminal facts (the charge of forced indecent acts by blood) and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (13 years old).

arrow