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(영문) 부산지방법원 동부지원 2018.04.03 2018고합5

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal record] On June 12, 2013, the Defendant was sentenced to three years of imprisonment by the Busan High Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. of Disabled Persons) and completed the execution of the sentence on December 12, 2015.

[Criminal facts] The defendant is a person who is in a relationship with the victim C (V, 56 years old), who is in a physical disability-3 due to the depression of the party under the influence of the head of the party under the control of the defendant.

1. On May 16, 2017, the Defendant committed an indecent act by force against the victim’s will, on the part of the victim’s residence located in Suwon-gu, Busan-gu, by inserting his fingers, and inserting his fingers into the sound part of the victim’s body, who was suffering from only primary skins against the victim’s will, and driving the victim’s breasts into his fingers.

2. From August 4, 2017 to around the 7th day of the same month, the Defendant committed an indecent act by force by using the victim’s mental and physical loss, or the state of impossibility of resistance, by rhyming the victim’s conspiracy, which had been locked by suffering from sphers only in the instant victim’s residence, as his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs made by the victim C;

1. Recording records of statements of victims;

1. A copy of a certificate of disability and a family relation certificate;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes to each investigation report (the period of repeated crime and the same kind of force);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of compulsory indecent act by blood), Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (the point of compulsory indecent act by blood);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Aggravation of concurrent crimes with the punishment prescribed for a crime of heavier gravity of crimes];

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.