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(영문) 인천지방법원 부천지원 2014.09.26 2014고합85

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 80 hours.

Reasons

Punishment of the crime

The defendant is the victim D(Wu, 17 years of age)'s usheshes.

1. On November 201, 2013, the Defendant committed an indecent act by forcing the victim to commit an indecent act by forcing the victim within the room of the victim’s residence located in Seocheon-gu, Seocheon-gu, Seocheon-si E, by inserting the victim’s bed, inserting his/her bed into the victim’s bed, inserting his/her bed in the victim’s bed, inserting his/her hand into the victim’s bed, cutting his/her bed into the victim’s bed, and raising the victim’s hand into his/her bed with his/her part of his/her sexual organ.

2. On December 12, 2013, around 14:00, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act at the inside of the residence of the said victim in Seocheon-gu, Seocheon-gu E, Seocheon-gu. The Defendant committed an indecent act by forcing the victim to commit an indecent act by forcing the victim to commit an indecent act.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The entry of witnesses D and F in the fourth protocol of the trial, and the partial statement of witnesses G;

1. Application of Acts and subordinate statutes to notice of results of statement analysis;

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, an aggravated punishment as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes in Relation to Relatives) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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 Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The disclosure and notification order of this case under the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse need to be prudently affected not only by the defendant but also by the victim. However, there was no record of punishment for sexual crimes by the defendant.