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(영문) 대전지방법원 서산지원 2019.01.23 2018고합115
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 a person who was in a de facto marital relationship with the mother of the Victim B (V, 14 years old) from around 2014 to July 2018.

On July 9, 2018, around 23:00 on July 23, 2018, the Defendant stated that the victim would have kisk on the part of the victim of C Multi-household D, kisk in the room of the victim of C multi-household D, and forced the victim to have kisck on the part of the victim to have kisck on the part of the victim, and forced the victim to have kisck on the part of the victim to have kisck on the part of the victim and to have kisced on the part of the

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a self-written statement and a copy of a student statement;

1. A report on receipt of domestic violence cases;

1. Application of Acts and subordinate statutes on 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018);

1. The Defendant’s personal information is personal in full view of the following: (a) there is no history that the Defendant was punished for a sex offense against the Defendant under 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; (b) the Defendant’s participation in the treatment course of sexual assault against the Defendant; (c) employment restriction order; and (d) the effect of preventing recidivism of the Defendant solely on the registration of personal information; and (e) the benefits and the effect expected by the instant disclosure order or notification order and the adverse effects therefrom

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