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(영문) 광주지방법원 2018.02.09 2017고합455

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

On June 18, 2017, at around 01:00, the Defendant drinks alcoholic beverages with the Defendant’s house located in Gwangju Mine-gu with his wife and wife E (one’s name, half, 36 years of age) and took television on the floor of the living room with the victim while working together with the victim.

"In doing so, the victim's bucks by drawing the bucks of the victim into both the bucks of the victim, making the victim buck off, and then put the victim into the bucks of the victim, and the bucks of the victim became the negative part of the victim.

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. of Victims), the list of cases to be reported, the list of cases to be handled, investigation reports (Attachment of details of F Games between the victim and the victim), investigation reports (report on confirmation of whether an complainant has an intention to punish the victim);

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. 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. Article 16 (2) of the Act on Special Cases concerning 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 notify disclosure, 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 (in consideration of the relationship between the defendant and the victim, there is a sexual assault against an unspecified majority of the accused;

In full view of the absence of evidence to determine a person, the Defendant’s order to complete a sexual assault treatment program, and the registration of personal information are expected to have the effect of preventing recidivism by the Defendant, and all the circumstances such as the profits expected by the disclosure order or notification order, the effect of preventing sexual crimes, disadvantage and anticipated side effects, there are special circumstances that the disclosure of personal information should not be notified to the Defendant.