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(영문) 수원지방법원 2016.05.03 2016고합32

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person who is married to the husband of the victim D (math, 37 years old) and is in a matrimonial relationship with the victim.

At around 02:00 on November 15, 2015, the Defendant committed an indecent act against the victim by taking advantage of the physical and mental condition of a relative related person, such as suffering from the victim's panty and panty in a state of mental or physical loss, suffering from deflacing, leaving the victim's house in Incheon Seo-gu, with the victim's drinking together, with the victim's mind that the victim would be able to commit an indecent act by entering the victim's room for locked, and entering the inner room after 30 minutes, following the victim's entrance into the inner room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing family relations certificates;

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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (this shall be repeatedly considered as above);

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the punishment, etc. of a sexual crime committed against an order to complete program, the accused is a person subject to the registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment,

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether the defendant is "in the case of judgment," means the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, disclosure order or notification order.