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(영문) 서울서부지방법원 2017.06.08 2016고합447
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a relative by blood with the victim C (the family name, the female, and the 10-year old age), who is a relative by blood with the victim of the victim C (the 4th degree of age).

On April 10, 2016, at around 14:00, the Defendant brought the victim himself from the rooftop of the victim's residence located in Young-gun D, and her panty of the victim, her panty of the victim, added her hand into the victim's panty, added her inside the victim's panty, put the victim into the victim's ki, and her kid the victim again brought the victim's breath of the defect that the victim intends to get out of the rooftop.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records, investigation reports (related to meetings of victims based on the victim's assertion), investigation reports (Attachment to a recording file of counseling content of the victim);

1. Investigation report ( telephone communications with victims);

1. Application of Acts and subordinate statutes, such as a certified transcript;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The grounds for sentencing on the punishment of a criminal defendant's personal information, in full view of the following: (a) the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the criminal defendant has no record of criminal punishment, it is difficult to readily conclude that the risk of re-offending exists; (b) the defendant's personal information is likely to have an effect to prevent re-offending to a certain extent through the registration of personal information, protection observation, and attending an order; and (c) other circumstances such as profits and preventive effects expected from the disclosure

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Application of the sentencing criteria [the types of decisions] sex crimes.

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