성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
A defendant shall be punished by imprisonment for four years.
The defendant shall order the completion of a sexual assault treatment program for 80 hours.
Punishment of the crime
The defendant is a relative with the victim as the victim B (here, 23 years of age).
At around 07:00 on June 10, 2017, the Defendant: (a) was divingd in the Nam-gu Seoul Metropolitan City CelD around Ulsan-gu, Ulsan-gu; (b) reported the victim, who is in a non-fluent state; (c) placed the finger hand into the quality of the victim; and (d) had sexual intercourse with the victim.
Accordingly, the defendant has sexual intercourse by taking advantage of the victim's blood ties.
Summary of Evidence
1. Statement by the defendant in court;
1. B's statements and stenographic records thereof entered in each statement recorded CD;
1. Application of Acts and subordinate statutes to family relation certificates and gene appraisal records;
1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;
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. The main sentence of Article 16 (2) of the Act on 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 fact that the defendant has no record of criminal punishment for sexual crimes; the fact that the defendant has no record of criminal punishment for sexual crimes; and the defendant's personal information registration of the defendant and orders to complete a sexual assault treatment program can have an effect to
In light of the fact that the crime of this case was committed, there is a need to impose a disposition, such as disclosure and notification order, which may seriously affect the defendant's return to society, on the sole ground that the crime of this case was committed.
In addition, considering the Defendant’s age, occupation, and criminal record, the contents of the instant crime, expected effects and side effects of the disclosure and notification order, there are special circumstances where the Defendant’s personal information may not be disclosed or notified.