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(영문) 광주지방법원 2018.05.11 2018고합125
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

Criminal facts

On February 16, 2018, at around 02:00, the defendant's room in the defendant's residence in Nam-gu, Gwangju metropolitan apartment, and at around 101:204, the defendant's room in the defendant's residence, and at the defendant's room in the defendant's residence, the victim D (inn, 19 years of age) and alcohol are carried out by the victim of the victim's own damage, and the defendant gets out of it by getting out of it.

Round shall not go up to the body of the victim.

In order to prevent the victim from resisting the defendant, the victim was forced to put the victim into the victim's entrance, put the victim into the victim's injury, detained the victim's chest in the victim's injury, and committed an indecent act against the victim's relative-related person by making the victim's chest into the victim's injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of father of the victim E;

1. Application of Acts and subordinate statutes to report internal investigation;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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 possibility of recidivism by the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crime subject to registration, there are special circumstances in which the Defendant may not disclose or notify personal information to the public;

I think)

Defendant

Judgment on the Defense Counsel's argument

1. The defendant is guilty of the assertion.

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