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(영문) 부산지방법원 동부지원 2015.03.20 2015고합5
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 14:00 on October 6, 2014, the Defendant, at the Defendant’s house located in Busan Shipping Daegu C and the second floor, was able to look at the cell phone and rhyd, and was able to report the victim’s D (15 years old) who was a pro-child with a cell phone and was living together with the cell phone, she was able to commit an indecent act by reporting the victim’s indecent act, she was able to her hand in the brogate, her breast by inserting his hand in the brogate, her hand in the brogate, and her knick, and her knick around the brost, and her k

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Report details, investigation report, investigation report (the scene of the crime and the attachment of photographs and voice files);

1. The application of Acts and subordinate statutes to prepare and report a record;

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. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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

1. Exemption from an order to disclose or notify information (the defendant has no history of criminal punishment against sexual crimes, and disclosure or notification of personal information of the defendant is likely to be exposed to the victim's personal injury in light of the relationship between the defendant who is a female and the victim. The punishment and punishment prescribed by this court are likely to prevent the defendant from repeating a crime and protect the child or juvenile from sexual crimes, based on the registration of personal information of the defendant, an order to attend a course against the defendant, or a probation order. Thus, the reason for sentencing is that the defendant's order to disclose or notify the defendant pursuant to the proviso to Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is exempted);

1. Imprisonment with prison labor for not more than two years and six months - 15 years;

2. The range of recommended sentences according to the sentencing guidelines (determination of type), sex crimes, general standards, and the crime of indecent act by compulsion shall be 13 years of age.

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