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(영문) 대구지방법원 2016.04.29 2015고합526
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C(M, 21 years of age) who is still a part of the victim C.

On September 23, 2015, the Defendant discussed the problem of divorce between E and the victim in the restaurant located in the G of the Gyeongdong-gun of the Gyeongdong-gun.

The defendant saw that the victim's words should be added, which is the nearest 204 of the defendant's accommodation, the defendant saw the victim as 204.

Until the entrance of the above No. 204, there is a defect that the injured person intends to go against the Defendant, and whether the Defendant “I am, I am, I am, I am, I am, I am, I am.”

"............." forced the victim to enter the above 204.

Defendant intending to go out of the above 204 refers to “I Y, I see, I see, I see, I am, I am, I am,” and was placed on a bed by cutting the arms, attaching a hand and a knife on the bed.

A victim who spawns this, and the Defendant again kid off the victim's her turb in two arms with his her her turbry, and her lurbry.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each report on internal investigation (the sequence 3,5 of the evidence list);

1. Application of Acts and subordinate statutes governing family relations 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. 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 (wholly considering the favorable circumstances) of the suspended execution;

1. Article 62-2 (1) of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 an order of 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 [the defendant has no record of having been punished for sexual crimes within the past 20 years, and the circumstances leading up to the instant crime or the victim.

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