성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
The Defendant is between the victim B (n, 17 years of age, hereinafter referred to as “victim”) and the South-North relationship.
On February 2, 2018, in the residence of the Defendant in the Namdong-gu Incheon, the Defendant was able to put his hand in the victim's scam and booms, which he was divingd from the Defendant's bed in the Defendant's bed in the Defendant's bed, and the Defendant was her panty in the victim's panty.
As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's potential to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes governing investigation reports (such as the details of receipt of the case) to the written statement B and family relation certificate;
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. 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the Defendant has no record of being punished for a sexual crime in the past; it is difficult to readily conclude that the Defendant has a risk of recidivism of a sexual crime in light of the circumstances of the crime in this case; the Defendant’s imprisonment with labor, registration of personal information, completion of a sexual assault treatment program, employment restriction, etc. appears to have the effect of preventing recidivism by the Defendant; the Defendant’s age, character and conduct, the method and consequence of the crime; the relationship between the Defendant and the victim; the degree of disadvantage and side effects likely to be achieved due to the disclosure order or notification order in this case; and the prevention and prevention of the sexual crime.