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(영문) 대전지방법원 2017.05.19 2016고합287
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim C (V, 18 years old) and the other side.

On June 2015, the Defendant, at around 16:00, failed to reach the wind of the victim, who was under the influence of alcohol at the Defendant’s house located in Seo-gu Daejeon Apartment-gu, Daejeon, Daejeon, and at around 209 Dong 1109, “Yeong and Seo-gu,” and did not bring the victim into force by putting both arms of the victim into force.

Accordingly, the defendant attempted to commit an indecent act against a relative related person by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Articles 15 and 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 (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 Committed to Attend;

1. 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, exempted from an order of disclosure and notification [the defendant has no record of punishment for any sexual crime before committing the crime in this case, and thus, is likely to cause recidivism or recidivism of sexual assault against the defendant;

It is difficult to conclude that, as in the instant case, inasmuch as the Defendant and the victim are in a relationship with the public, there is a risk of secondary damage in the process, and the registration of personal information of the Defendant and the lecture of sexual assault treatment alone can bring about the effect of preventing recidivism.

In light of all circumstances, such as the defendant's age, family environment, social relationship, etc., the disclosure notification order can be achieved compared to the disadvantages and expected side effects that the defendant will suffer.

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