logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.08.21 2019고합129
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

The defendant is the victim B(Wu, 30 years of age)'s usheshes.

1. On December 9, 2018, the Defendant, at around 18:00 on December 9, 2018, entered the Defendant’s residence in Kim Jong-si, and the victim kidsked from the floor and kidddds from the victim’s kids, and kids into the victim’s hand.

Accordingly, the defendant committed indecent acts by force against the victim who is a relative of relatives.

2. On December 18, 2018, the Defendant: (a) around 06:30 on December 18, 2018, the Defendant: (b) 06:30 on December 18, 2018, her mother, together with the victim; (c) the victim’s mother was locked in D Building E; (d) the victim’s mother was at work due to the defect in his work, and her mother was hickly holding the victim as her hand.

Accordingly, the defendant committed indecent acts by force against the victim who is a relative of relatives.

3. On December 21, 2018, the Defendant committed indecent acts by compulsion on December 21, 2018, at the same place as the above 00:13, around December 21, 2018, the Defendant: (a) carried out diving with the mother of the victim and the victim; (b) carried out diving with the victim’s own entrance; and (c) carried out dancing with the victim’s own entrance.

Accordingly, the defendant committed indecent acts by force against the victim who is a relative of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to accusation and 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. 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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification 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 are subject to any criminal punishment prior to.

arrow