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(영문) 수원지방법원 안산지원 2015.08.21 2015고합121
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

1. The defendant shall be punished by imprisonment for three years;

2. The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

3.

Reasons

Punishment of the crime

Defendant

In addition, on April 201, 2014, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") made it impossible to resist the victim who was proneed from his house located in Sejong at night, such as the victim D (n, 14 years of age) who is proneed, in his house located in Sejong-si, by force, and did not resist the victim who was pushed into the blue blue, by force. The victim’s chest was included in the victim’s clothes and blue the victim’s chest, exceeded the victim’s breath, and committed an indecent act by force against the victim, who is a child or juvenile at the same time.

In addition, from around that time to August 2014, the Defendant committed an indecent act against the victim by force by the aforementioned method at night at the above house every day.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to each prosecutor's office and police statement of D, E, and F;

1. Article applicable to criminal facts;

(a) Indecent act by blood: Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) The occupation of each child or juvenile indecent act by compulsion: Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment

3. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts in Connection with Relatives).

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Order to complete a program under the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is exempted from disclosure or notification of registered information;

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