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(영문) 수원지방법원 2017.04.13 2017고합89

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)

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Defendant shall be punished by imprisonment for not less than two years and six months.

However, the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is living together with the victim C(n, 16 years of age) mother D in 2009 and de facto marriage.

On February 2, 2014, around the new wall, the Defendant was able to put the hand into the panty panty of the victim who was divingd (the age of 13) at Suwon-si, Suwon-si E, 302 residential areas, and locked.

The Defendant, around June 2014, around the new wall, f, 102 dwelling areas in Suwon-si, Suwon-si, and f, f, 102, f, f, and f, f, in the panty of the victim who was diving (the age of 13 at that time).

The Defendant, around May 2015, around the end of the new wall, she was placed in the panty of the victim who was divingd (the age of 14) in Suwon-si G, 202, and the panty of the victim who was divingd (the age of 14).

In this respect, the defendant committed an indecent act against a relative related person by taking advantage of the victim's mental and physical loss or the state of impossibility of resistance three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant legal provisions on criminal facts: Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures and order to provide community service: The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption 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 crime of this case committed against his/her wife in de facto relation, and thus, if the disclosure of personal information of the defendant is notified, it is likely that the personal information of the victim may be disclosed to the victim, and the secondary damage to the victim is likely to occur.

In addition, the defendant's age, occupation, type of crime of this case, motive, process of crime, seriousness of crime, disclosure order or notification order is disadvantageous to the defendant.