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(영문) 의정부지방법원 2017.08.09 2016고합350
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who has married with D who is the mother of the victim C, and is a relative of relationship with the victim.

On April 9, 2016, when the Defendant diversed in a fluorial and fluorial room in his house located in Gangnam-gun, Gangwon-gun, the Defendant diversed in the victim C (V, 27 years of age) and dived in a small room toilet, and dived in the fluor’s father, and dived in the fluorial room, the Defendant dived the Defendant and the Defendant dived the Defendant, who wanted to sexually assault the victim by advertising.

On the following day, the defendant laid his hand to the upper part of the victim who was divingd at around 03:00 on the following day, putting the victim's chest into the panty, and putting the hand back again into the upper part of the victim's panty, thereby gathering the finger.

As a result, the defendant committed indecent acts by using the victim's non-refluence status as a relative within the fourth degree.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, F, D, and G;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police against C;

1. Investigation reports (related to the attachment of field photographs), investigation reports (including attachment and abstract of suspect's resident registration marks, etc., accompanying materials), investigation reports (including response to requests for genetic appraisal, and accompanying materials);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 5 (3) and (2) 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 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 Aggravated Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the crime of this case is committed against a relative victim, and thus, if the personal information of the defendant is disclosed to the public, it is likely that the victim’s personal information may be disclosed to the public.

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