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(영문) 광주지방법원 순천지원 2017.11.02 2017고합82
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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 June 2008, the defendant married with Thailand nationality C, and the victim D(the age of 52) is the mother of C, who is the mother of C.

In April 2016, the Defendant saw drinking together with the victim, etc. within the fright area of various plants operated by the Defendant in E at around P.m. during the middle of April 2016, and caused the victim to fright the side of the Defendant, and when the victim saw the victim to frightly kid, she kids the victim by her hand, her chest by her hand, and her kids, and kid with the victim’s compulsory drinking.

On the other hand, the defendant continued to sing the place in a nearby singing with the victim, etc., and singing the victim by standing in the side of the victim's own damage, and forced the victim to talk with his/her chest, and forced him/her to do so.

In this respect, the Defendant committed an indecent act by assaulting the victim D of relatives on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the statutory statements made by C and D to the witness 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 ( comprehensively including Article 5 (2));

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 (including that the defendant has no record of being punished for sexual crimes, and that he/she was suffering from a disadvantage due to his/her age, environment, relationship with the victim, circumstances leading up to the instant crime, disclosure and notification orders.

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