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(영문) 수원지방법원 성남지원 2014.05.01 2014고합25
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 6, 2011, the Defendant has established a de facto marital relationship with C from around August 6, 201, and has livedd with C and his/her wife D.

On July 7, 2013, at around 01:0, the defendant entered a room where the victim D (Woo, 14 years of age) is locked, walked a room where the victim is locked, walked down the victim's chest, kidddddd the victim's chest, and dyp the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in each police protocol against D and C;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 21 (4) of the said Act;

1. The accused under 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 who was exempted from an order of disclosure and notification shall not have any record of punishment for sexual crimes before committing the instant crime;

The defendant has a certain occupation and is clearly in a social relationship.

Above all, the Defendant reflects the instant crime in depth, and again does not commit such a crime.

Comprehensively taking account of these circumstances, there are special circumstances in which the personal information of the defendant should not be disclosed or notified in this case, as it seems that the interests and prevention effects expected by the disclosure or notification order are too much disadvantageous to the defendant.

Therefore, it is true.

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