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(영문) 수원지방법원 2017.02.02 2016고합635

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

Criminal facts

On October 2, 2016, the Defendant committed an indecent act against the victim by inserting the victim’s body on the part of the victim D(Gain, Gain, 19 years old)’s stitts, which was playing at the Defendant’s home and playing at the Defendant’s house, and she was reporting television at the Defendant’s office on the mastz’s gate, which was located at the Defendant’s house, around 20:30, when the Defendant was seated at the bar of the Defendant’s house 101-dong 805, the Defendant committed an indecent act by taking the victim’s body into consideration the victim’s body on the part of the other Defendant’s body located above the body of the victim.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. To report internal investigation by the police, and to prepare and report a record book;

1. A certified copy of resident registration and family relation certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. The community service order under Article 62-2 of the Criminal Act;

1. A person who is finally and conclusively convicted of a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Registration of Personal Information in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment,

There are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and disclosure order and notification order.

The issue of whether it constitutes “in the event of judgment” is the Defendant’s age, occupation, and risk of recidivism.