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(영문) 인천지방법원 부천지원 2017.09.22 2017고합150

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)

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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the part of the victim C(n, 17 years of age).

On April 25, 2017, at around 05:00, the Defendant entered the Defendant’s house located in Seocheon-si D 401, into the victim’s room, and her hand was collected into the victim’s panty, and became her panty and her part.

Accordingly, the defendant committed an indecent act on the victim's blood relative by taking advantage of the victim's non-refluence status.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution of the accused and the interrogation of the suspect by the police;

1. Each police statement protocol against C and E;

1. Statement-recording CDs;

1. Application of Acts and subordinate statutes to physical investigation reports on child science, physical investigation reports, investigation reports (report accompanied by a certified copy of resident registration);

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 ( Taking into account the following favorable reasons among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the observation of protection, orders to attend lectures and orders to provide community service orders;

1. 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 fact that the defendant has no been punished for a sexual crime, the victim does not want the punishment of the defendant, the disclosure and notification order may cause secondary damage to the victim, while the effect of preventing sexual crimes that may be achieved by such disclosure and notification order is relatively small, in light of the fact that the defendant and the victim do not want to do so, and the effect of preventing sexual crimes, etc. may

In full view of the circumstances such as the registration and observation of personal information and the fact that an order to attend a course appears to have the effect of preventing recidivism in light of the Defendant’s age, sex, occupation, social relationship, etc., the personal information of the Defendant is disclosed and the order to attend a course is also deemed to have the effect of preventing recidivism.