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(영문) 서울동부지방법원 2017.11.03 2017고합277

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 a period of four 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 mother of the victim C (Min, 17 years of age).

1. On January 2015, the Defendant committed an indecent act by force against the victim, only as he was in charge of the victim’s chest while having been faced with the victim at the home of the Defendant, Songpa-gu Seoul, 202, around 16:00 on the day immediately after the date of the Defendant’s residence.

2. 피고인은 2016. 여름 일자 불상 토요일 18:00 경 위 1 항 기재 장소 현관에서 떡볶이를 사러 가는 피해자를 뒤에서 안고 피해자의 가슴을 손으로 주무르듯이 만져 피해자를 강제로 추행하였다.

3. On July 8, 2017, the Defendant, at around 14:00, committed an indecent act by force against the victim, on the part of the victim, on the part of the victim, when the victim reported his film to a knick PC in the cell as indicated in the above paragraph 1, he saw the victim’s left chest with his left knick, as the victim took charge of 2-3 minutes of the victim’s chest with his left knick, and on the part of the victim’s knick.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of police against victims C;

1. Application of the statutes governing materials and text messages showing the situation at the time of committing the crime;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [Aggravated Punishment of Sexual Crimes by Relatives];

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 among the reasons for sentencing)

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children Exempted from an order to notify disclosure (including the Defendant’s age, occupation, risk of recidivism, and motive for committing the instant crime, including the Defendant’s no record of sexual assault).