성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete a sexual assault treatment program for 80 hours.
Criminal facts
The defendant is the father and father of the victim B (son, 24 years old).
around 00:00 on October 14, 2017, the Defendant told the victim to talk with the victim in the vicinity of Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Macel, saying, “A talking about late and late so that the talks with the victim,” and went to the victim’s care room.
The defendant divided the dialogue with the victim by sharing it together with the victim, and the victim deviatesed from all the panty and the panty of the victim first, and committed an indecent act by the victim's hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the prosecutor and the police concerning B;
1. Application of Acts and subordinate statutes on police statements made to D;
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;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify and an order to restrict employment, 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 proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime alone has a criminal tendency against
It is difficult to readily conclude that the registration of personal information of the defendant and the completion of a sexual assault treatment program can have an effect on the prevention of recidivism.
b. The Defendant’s age, occupation, status, sexual conduct, family relationship, social relation, background and method of committing the instant crime, relationship with the victim, benefits and preventive effects expected by the disclosure and notification order of the instant case, and employment restriction order, and the disadvantages and anticipated side effects of the Defendant.