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(영문) 수원지방법원 성남지원 2014.09.04 2014고합77
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

The defendant is the victim D(n't, 21 years old)'s death.

Around 03:00 to 04:00, the Defendant: (a) reported that the victim under the influence of alcohol was in conflict with her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part of her part, and

Summary of Evidence

1. Legal statement of the witness D;

1. Entry of the police statement concerning D;

1. Statement of the report on the request for appraisal;

1. Application of the Acts and subordinate statutes in which investigation reports are recorded;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

1. Articles 47(1) and 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 (the Defendant has no record of being punished prior to the instant crime). The Defendant was living together with his father and father, who was in the workplace. The Defendant committed the instant crime against the victim who is in the same village. As such, the Defendant was against the victim, and thus, does not seem to have a high risk of recommitting sexual crimes against unspecified women. Comprehensively taking account of these circumstances, in the instant case, the Defendant’s personal information should not be disclosed and notified to the Defendant, rather than the benefits and preventive effects expected by the disclosure order or notification order. Accordingly, there are special circumstances that the Defendant is no order to disclose or notify the Defendant’s personal information.

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