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(영문) 인천지방법원 2019.05.03 2018고합856

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)

Text

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.

Reasons

Punishment of the crime

The defendant is a shesheshel of the victim B (IWT, 18 years of age).

1. From December 2017 to January 2018, the Defendant committed an indecent act on the part of the Defendant by forcing the victim by using his/her own knife inside the church room located in the Bupyeong-gu Incheon Metropolitan City, and by exposing his/her panty, he/she exceeded his/her panty and by forcing him/her to sit on his/her panty, while exposing the victim’s knife, and exposing the Defendant’s knife.

2. From December 2017 to January 2018, the Defendant committed an indecent act by force against the victim, who reported television at the Defendant’s home located in the Namdong-gu Incheon Metropolitan City D’s house, with the victim’s own hand, dys the victim’s body by using the victim’s own hand, with the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. A family relation certificate and a marriage relation certificate;

1. Application of Acts and subordinate statutes on site photographs

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravation of concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts in Relation to Relatives)] among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. The fact that the accused has no record of being punished for a sexual crime, and that the registration of personal information alone seems to have the effect of preventing recidivism by the accused, as well as the age, occupation, family environment, and family environment of the accused, exempted from an order of disclosure and notification, under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.