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(영문) 부산지방법원 서부지원 2018.04.26 2018고합21

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is a relative with the victim as a father-child of the victim D(196).

On January 1, 2015, the Defendant, at around 03:00, at the residence of Ulsan-gu E, 104 1004 dong-gu, Ulsan-gu, 1004 1004, the Defendant left the Defendant’s wife and second children, without any other person inside the house, and she, alone, took off the victim’s front and panty in order to have sexual intercourse with the victim, and inserted the victim’s legs into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a victim who is a relative by taking advantage of mental and physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing family relations certificates;

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 considered in favor of 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 Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for a sex offense before committing the instant crime, and the Defendant has no record of being punished for a sex offense, and the effect of preventing recidivism can be expected to a certain extent through the registration of personal information of the Defendant and the completion of

I seem to appear.

The second damage to the victim is likely to occur in the process of disclosing and notifying the personal information of the defendant as the victim is accompanied by the defendant.

In addition, the personal information of the defendant may not be disclosed or notified in full view of the defendant's age and family environment, the benefits and preventive effects expected by the disclosure or notification order, and the disadvantages and side effects caused thereby.