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(영문) 대구지방법원 2017.12.15 2017고합434
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is the relative of the victim C (A woman, 13 years of age).

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) committed in the Defendant’s residence located in Daegu D around the beginning of 2017, the victim was reported to the victim and entered the victim’s room, and the victim was able to resist by making use of a locked state.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's blood ties.

2. On June 17, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) in the above residence around 23:00, at around 23:0, the Defendant met with the victim’s clothes, which he was forced to do so from the frame to the right am, and forced the victim to leave by his own room, and forced him to put his hand into the victim’s right chest.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing stenographic records;

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy criminal penalty (indecent act by blood)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order for the protection of children or juveniles against sexual traffic;

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