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(영문) 의정부지방법원 2016.11.23 2016고합349
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인은 2014. 5. 초순 일자불상일 23:00경 남양주시 D에 있는 사촌누나인 피해자 E(가명, 여, 40세)의 집에서, 안방에 들어가 자려는 피해자의 어깨를 손으로 잡아 돌려세운 후 바지를 내려 성기를 꺼내 보이며 “누나, 이거 봐봐. 누나, 이거 어떻게 좀 해줘. 한 번만 해줘”라고 말하여 친족관계에 있는 피해자를 강제로 추행하였다.

2. The defendant has committed the same harm;

6. At around 01:00, at the restaurant for the operation of the victim's chest connected to the above house, the victim's chest was satisfed by hand, and the victim's satisfe is forced to commit an indecent act by force on the part of the victim, stating, " how this is, how this is, how to do so."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police records of statement to E in the scene of damage;

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. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion in Relatives) among concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (to refer to the following sentencing conditions under Article 51 of the Criminal Act as stated in the grounds for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order of registered information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the

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