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(영문) 대전지방법원 서산지원 2015.09.24 2015고합66
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant around May 29, 2008, at the same time as the parent-child of the victim D (math, 15 years of age) and the defendant reported marriage with E, one of the child of the victim.

On June 12, 2015, at around 02:10 on June 12, 2015, the Defendant: (a) taken the Defendant’s house located in the Siljin-si F with the mind of indecent act by compulsion of the victim; (b) taken away from the victim’s room to the back of the victim who was unable to resist by divinging, and (c) took the victim’s right chest, and committed an indecent act by force against the victim, who is a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes governing stenographic records;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning criminal facts and the punishment of selective sexual crimes;

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment shall be imposed);

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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 information, and Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on Special Cases concerning the Protection, etc. of Children and Juveniles against Sexual Abuse have been punished for sexual crimes, but there is still a legal relationship with the victim, and the house of the defendant, which is a place of crime, has been living together with the victim and his/her father and mother, is likely to cause secondary damage to the victim due to exposure of personal information of the victim.

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