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(영문) 수원지방법원 안산지원 2016.10.21 2016고합219
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

Around April 2016, the Defendant: (a) committed indecent act by force by force against the victim D (the victim of 13 years of age is 13 years of age at the time of the instant crime by birth in March 2003; (b) who is a pro rata, in the Defendant’s residence located in Ansan-si, Ansan-si, the Defendant: (c) reported the victim’s breast part of the victim’s chest with his own hand to force indecent act by force; and (d) committed indecent act by force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

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. 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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In light of the following: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - the Defendant led to the confession of his/her criminal act, and the Defendant has no record of punishment for committing a sexual crime; (b) the disclosure and notification of the Defendant’s personal information to the victim may cause another injury to the victim; and (c) the disposition concurrently imposes an order to disclose or notify the Defendant’s personal information to the public for the purpose of improving his/her personality and conduct is deemed to be a special reason that may not disclose or notify the Defendant’s personal information, and thus, an order to disclose or notify the registered information is not issued.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses) shall be under the age of 13.

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