logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2017.02.08 2016고합75
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a wife of the victim D (a family name, 27 years of age) who is the wife of the defendant C, and is a relative by marriage within the fourth degree of relationship with the victim.

On May 11, 2016, the Defendant drinked the Defendant’s wife, the victim, etc. at the office of the Defendant located in the area E of the former North Korea, and 22:00 on the same day after drinking alcohol with the Defendant’s wife, etc., and took the Defendant’s wife, etc. from the Defendant’s truck with no place in the surrounding area, and forced the Defendant to commit an indecent act against the victim’s wife, and let the victim go from the Defendant’s truck. The victim spathed it into the above house, kne of the victim, kne of the victim, and knife the victim’s arms, knife the victim’s arms, knife the victim’s shoulder, knife the victim’s shoulder, knife the victim’s shoulder, knife the victim’s shoulder, and forced the victim to use the victim’s knife by force, and knife the victim’s chest’s relative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of statutes, such as family relation 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

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 a notification order, 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 defendant's age, family environment, social ties, criminal records, and the risk of recidivism, which are recognized on the records (the records of sex crimes);

arrow