logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.01.18 2018고합268
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2005, the defendant was married to the mother of the victim B (the name of the victim, 30 years of age) on July 22, 2005, and became a usheshe of the victim.

On September 9, 2018, the Defendant: (a) around 02:40 on September 9, 2018, at the lower residence room of the Defendant located in Seojin-gu, Seojin-gu, Seojin-gu; (b) the victim’s body was kidddd from the victim’s body twice fluencing and divinging; (c) the victim was able to use the victim’s sound part as a hand room on the part of the victim, when the victim was suffering.

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Requests for each appraisal;

1. Application of the Acts and subordinate statutes attached to the suspect examination protocol of the defendant;

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 consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and an employment restriction order; 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; and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of criminal punishment for sexual crimes; in addition, considering the relationship between the Defendant and the victim; the Defendant’s personality and behavior; the environment; social relationship; etc., the registration of personal information of the Defendant against the Defendant and the attending a course of sexual assault treatment alone appears to have the effect of preventing recidivism by the Defendant; the profits and the preventive effects

arrow