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(영문) 창원지방법원 진주지원 2014.04.24 2014고합6
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 August 2013, the defendant made an indecent act by force against the victim by inserting his fingers into the inner part of the defendant's residence at the end of Jinju-si, Jinju-si, Da(14 years of age) and the Do in which the defendant's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement made in D contained in a video CD;

1. Application of Acts and subordinate statutes on family relation certificate;

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 (i.e., grounds for taking into account the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant has no record of being punished for a sexual crime prior to the crime in this case; in this case, personal information registration and attending the sexual violence therapy alone appears to have an effect to prevent recidivism of the Defendant; the Defendant appears to have been committed in the course of provokinging with the victim who is his/her father, and it is difficult to view it as due to the Defendant’s sexual assault habit, and other records such as the relationship between the Defendant and the victim; the background leading up to the crime in this case; the Defendant’s age, occupation, family relationship; the victim’s intent not to be punished against the Defendant; the profits expected by an order or notification order to disclose the Defendant’s personal information;

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