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(영문) 인천지방법원 2019.10.18 2019고합442
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the mother of the victim B (n, 23 years of age).

On December 23, 2018, the Defendant: (a) around 23:00 on December 23, 2018, at the location of the Defendant’s residence, and (b) around 23:0, the following behind the victim, who was inside the jurisdiction of the Defendant of Michuhol-gu Incheon Metropolitan City, was her own hand, and the victim was her son, thereby making approximately 2,3 times the victim’s am.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Family relation certificate:

1. Application of the Acts and subordinate statutes to a mobile phone text message closure photograph (No. 6 No. 1)

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) 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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, 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 fact that the defendant has no record of criminal punishment against sexual crimes, the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. In addition, in full view of the defendant's age, occupation, family environment and social relationship, the details, circumstances, and results of the crime in this case, the details, and the result of the crime in this case, the prevention of sexual crimes subject to registration which may be achieved by the disclosure and notification order, the victim protection effect, and the anticipated side effects of disclosure notification order, the defendant's personal information shall not be disclosed or notified to the public).

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