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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 청주지방법원 충주지원 2020.07.23 2020고합29
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is in a de facto marital relationship with the defendant about seven years living together with the defendant, and the victim C (the female, the age of 20) is a relative of the above B, and the defendant and the victim are de facto relatives living together.

At around 23:50 on March 20, 2020, the Defendant: (a) entered the victim C’s room while under the influence of alcohol in the Defendant’s residence in the D apartment at Chungcheongnam-si; (b) attempted to keep the victim’s panty in mind; and (c) attempted to keep the victim under the influence of drinking; and (d) attempted to keep the victim under the influence of drinking; and (e) attempted to keep the victim’s drinking part of the victim’s drinking in turn, “Ie the mari. ............”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Investigation report [Attachment of the summary substance, the table of request for genetic appraisal (2020-M-5334)] / Attachment of the table of request for appraisal (2020-M-6418)];

1. The application of Acts and subordinate statutes governing requests for appraisal;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [see, e.g., Supreme Court Decision 2006Da15448, Apr. 1, 2006]

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

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 Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); and the Defendant

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