성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is the victim C(Wu, 32 years old)'s usheshes.
On October 4, 2016, from around 10:00 on the same day to around 11:00 on the same day, the Defendant: (a) opened the victim’s room in the Defendant’s house located in Seongbuk-gu Seoul, Seoul, and divided talks; (b) kids the victim from his own rear; (c) kids the victim; and (d) kids the bucks by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victim telephone);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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 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 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 order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.
In light of all the circumstances, such as the Defendant’s age, sexual conduct, family environment, and social relationship, the crime of this case is not a sexual assault against many unspecified persons, but has the same criminal history as that of the Defendant; the Defendant’s registration of personal information against the Defendant and the completion of the sexual assault treatment program are expected to have the effect of preventing recidivism; and there are special circumstances that may not disclose and notify the Defendant’s personal information, such as the Defendant’s age, sexual behavior, family environment, and social relationship, compared to the adverse effects that the disclosure notification order may result in the Defendant’s disadvantage and anticipated side effects, the effect of preventing sexual assault crimes that may result from
[Judgment]