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(영문) 서울북부지방법원 2019.09.20 2019고합264
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 11 years of age) are the remaining relationship.

On October 2013 to November 2011, the Defendant, at the house of the Defendant located in the C Apartment D in Seoul Special Metropolitan City, Nowon-gu, Seoul, followed by the victim, who was in his possession, and became a part of the victim's sound.

Accordingly, the defendant committed indecent acts against the victim who is related to him by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. A victim’s statement video CD or victim’s statement stenographic record;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and lecture

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 age, occupation, type of and motive for the instant crime, process of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify information, and the effects of preventing the sex offense subject to registration that may be achieved therefrom and protecting victims, etc. shall be deemed to be special circumstances in which the personal information shall not

1. The Defendant’s age, family environment and social relationship, record of crimes, and records of crimes under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities; Article 59-3 (1) of the Act on Welfare of Persons with Disabilities; Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

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