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(영문) 수원지방법원 안양지원 2018.12.21 2018고합88
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who was in a de facto marital relationship with the mother of the victim B (the family name, the female, the age of 11).

1. From April 2009 to April 2009

6. The Defendant committed a crime from April 2009 to April 2009.

6. 초순경 새벽, 김포시 C 아파트, D 호에 있는 피고인의 집 거실 소파에서 피해자와 같이 누워 잠을 자게 되자 손으로 피해자의 가슴을 만지고, 피해자 옷 안으로 손을 넣어 피해자의 젖꼭지를 만지고 주물러 피해자를 강제 추행하였다.

2. The Defendant, on June 6, 2009, committed an indecent act by forceing the victim as soon as he was fluencing the clothes of the victim, by putting the victim on the bed at the bed room of the Defendant’s house, as set forth in paragraph (1), at the beginning of June 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police with regard to B (tentative name);

1. Investigation report (attached the F (child) center opinion), statement of opinion of the center, etc.;

1. Recording recording, report, recording, and telephone recording CD;

1. Application of Acts and subordinate statutes of a resident registration abstract and medical opinion;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 7(2) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; Article 5(10) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010); Article 298 of the Criminal Act [The upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Aggravation of concurrent crimes with punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with severe criminal facts of paragraph (2) of the same Article and the violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof];

1. Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 (the following advantages):

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