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(영문) 광주지방법원 2017.03.24 2017고합57
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On January 2014, the Defendant found that the victim (15 years) who is the second parent was locked at the large room of D Apartment 110-dong 512, Nam-si, Nam-si, Nam-si, the Defendant committed an indecent act by force against the victim, who is a relative, by inserting the victim's chest into the victim's own hand, making the victim knife his finger into the victim's hand, making the victim knife and continuing to knife his hand into the victim's seat.

B. On January 1, 2016, the Defendant found out that there was a victim (16 taxes) in the G Mart room located in the Southern Gero-Gun F, which was operated by the former E around 08:00, and committed an indecent act by force against the victim, such as inducing the victim to commit an indecent act by committing an indecent act against the victim, by inserting the victim’s chest into the victim’s own hand, making the victim knife into the victim’s hand, holding the victim’s chest back and continuing to knife the victim’s hand into the victim’s seat.

2. On January 24, 2016, from around 04:00 to around 05:00 of the same day, the Defendant committed an indecent act against the victim, who was a relative, such as: (a) had the victim, who was a father of the instant D apartment from around 04:0 to (b) had the victim 110-dong 512, with the intent to commit an indecent act against the victim (18 years old); and (b) forced the victim to use the victim’s own her chest by force; and (c) forced the victim to use her chest by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, H, and E;

1. Application of Acts and subordinate statutes of a criminal investigation report (to attach a record of personalphone recording and tape recording);

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as provided for in Article 1 of the Decision with the largest punishment)

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

1. The disclosure; and

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