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(영문) 서울서부지방법원 2015.09.18 2015고합147

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

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

The defendant is a person who has a blood relationship with the father and father of the victim C (here, 12 years of age at the time).

On November 2, 2014, the Defendant committed an indecent act by force against the victim, who was playing in the home of the 3rd floor of Mapo-gu Seoul Metropolitan Government D apartment 101, 101, the third floor of the 3rd floor, with a kisc and kisc and kisc and kisc and kisc and kisc and kisc and kisc and kisc and kisc and kisc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes in writing C;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender is a criminal defendant, and the crime of this case is divided into, and reflected against each other), it is difficult to readily conclude that the defendant is in danger of committing a sex crime again. The character and conduct of the defendant is likely to be corrected through taking part in the sexual assault treatment lecture. Considering the relationship between the defendant and the victim, the profits expected by the disclosure or notification order of the registered information to the defendant, and the disadvantages and side effects of the defendant's personal information are expected to be disclosed and notified, if the conviction becomes final and conclusive, the defendant shall be subject to special cases on the punishment, etc. of sexual crimes.