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(영문) 서울동부지방법원 2016.12.15 2016고합272
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the third village of the victim C (nive, 14 years old at the time).

At around 12:00 on July 18, 2015, the Defendant reported the victim who had performed mixed alcohol at the inside of the victim's house located in Gwangju Metropolitan City, Gwangju Metropolitan City, and, on the other hand, committed an indecent act by force against the victim on the victim's knife and dial-a-a-a-be.” The Defendant met the victim's buckbbbbbbs that caused the victim's knife's knife with hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement shown in C’s legal statement and statement recorded in C’s statement (as at the time of the case, the following facts are consistent and specific; the victim’s statement is voluntary and there are no doubtful circumstances as to the developments leading up to the victim’s report of the case; in light of the relationship with the Defendant, there is no particular reason for the victim to raise false facts; the facts damaged by the victim conforms to the victim’s statement E; the victim’s statement in light of the degree of attitude of the victim’s statement in this court, etc. is acknowledged);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to family relation certificates and certified copies thereof;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders 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 has no record of punishment for sex crimes except for those punished once due to sex crimes in around 2004, and the completion of personal information registration and sexual assault treatment programs will have the effect of preventing the recidivism of the accused to a certain extent.

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