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(영문) 수원지방법원 안양지원 2015.05.01 2014고합224
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) around February 2014, the Defendant, within the Defendant’s dwelling area in Mayang-gu, Mayang-gu, Mayang-gu, C and B01, committed an indecent act by force by inserting the Defendant’s chest into the victim D (15 years of age, her son and her her son and her son and her her son and her son and her son should be directly identified; and (b) the Defendant committed an indecent act by force by inserting the Defendant’s her son and her son into the victim’s son’s son

2. Around March 2014, the Defendant committed an indecent act by force against the victim by inserting his hand into the panty in which the victim was suffering, while being in a room where the said Defendant was living together by the victim who was able to view TV, at the victim’s dwelling.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made in D in each video recording CD;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of family relation certificates);

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. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act in Relatives)

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. Social service order under Article 62-2 of the Criminal Act;

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

1. All the circumstances, such as the Defendant’s age, family environment, social relationship, criminal record, and risk of repeating a crime of this case, the background of the crime of this case, the benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, etc. shall be considered.

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