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(영문) 인천지방법원 부천지원 2021.01.08 2020고합262

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

A defendant shall be punished by imprisonment for three years.

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

As the father of the deceased C (Death on October 17, 2018) who reported marriage on October 22, 2015, the Defendant is a victim B (son, 31 years of age) and a matrimonial relationship with the victim.

On September 1, 2016, the Defendant committed an indecent act by force against the victim who had a relative relationship over 10 times from the ‘F' office operated by the Defendant in Da Apartment-si, 22:00 on September 5, 2016, with the victim's chests at the victim' office, with the victim's chests at one time, with the victim's own hand, and with the victim's inflows at the victim's entrance, and committed an indecent act by force against the victim who had a relative relationship over 10 times from that time until June 5, 2020.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing marriage-related certificates, such as each police statement protocol on the defendant's legal statement B (the CCTV image analysis submitted by the victim) and the register of the CD family relationship in the video storage;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes prescribed in the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives) on June 5, 2020];

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 Defendant’s age, environment, criminal record, risk of recidivism, registration of personal information, taking lectures to prevent sexual assault, and employment restriction orders can be expected to a certain extent to prevent recidivism, and the disclosure order of this case is issued.