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(영문) 수원지방법원 성남지원 2021.01.14 2020고합236
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the spouse B (a family name, a woman, 37 years of age), and the defendant and the victim are relatives within the fourth degree of relationship.

피고인은 2020. 3. 9. 21:42 경 성남시 중원구 C에 있는 피해자의 주거지에서, 피해자에게 “ 질부 어리 네 ”라고 말하며 피해자의 머리를 쓰다듬고 “ 질부 눈이 빨갛네

The term "Sae and snow became known".

On the other hand, the Defendant continued to bring the victim into force on the part of the Republic of Korea, "" and forced the victim to enter the right side of the victim and the entry into one time each.

As a result, the defendant committed an indecent act against the victim of relatives by marriage within the fourth degree.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing text messages, such as family relation certificates in the police's statement B to the defendant's legal statement;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. An order for disclosure and notification, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to Article 59-3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Welfare of Persons with Disabilities Act (Amended by Act No. 16622, Nov. 26, 2019)

It is difficult to readily conclude.

It is possible to expect the effect of preventing recidivism by registering personal information of the defendant and taking lectures to treat sexual assault.

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