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(영문) 수원지방법원 2020.04.09 2020고합123
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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 body of the victim B (n't, life, 38 years of age).

1. The Defendant committed an indecent act on February 2, 2016, at the home of the victim, who was under the influence of alcohol at the lower level of the victim’s house located in the Hanam-dong Police C, and committed an indecent act on the part of the victim, who was under the influence of alcohol at the lower level of the victim’s house, by drinking the victim’s chest on his/her own, and drinking the victim’s chest on his/her hand.

2. The Defendant committed the crime in August 2019, which committed several times, committed the Defendant’s chests of the victim, by putting the victim who was locked in his/her ward at the house of the Defendant, which is located under the D Building E, and in his/her ward at the ward, by inserting him/her in his/her clothes, into his/her clothes.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the victim's state of non-performance to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Each police statement concerning B;

1. Table of investigation reports and that of 112 reported cases;

1. Certified copy of the register and family relation certificate;

1. Application of the Kakakao Stockholm photographs and the Acts and subordinate statutes on photographic photographs inside the suspect's house;

1. Article 5 (3) and (2) 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. An order to disclose and notify information, and an order to exempt employment restriction from an employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by January 16, 2018), the proviso to Article 2 of the Addenda to the same Act (amended by March 13, 2018).

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