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(영문) 수원지방법원 2017.12.07 2017고합626
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2016, the Defendant: (a) sent a computer work to the Victim E (V, 29 years old); (b) on March 28, 2016, from Suwon-si D, 201; (c) on March 28, 2016; and (d) on March 28, 201

In addition, I would like to say that “I would like to reduce the number of money frequently and in the future, I would like to see the victim’s view, kissk to the victim’s bed, kisk to the victim’s bed, and kisk to the victim’s bed, and the defendant’s kis against the victim’s sexual intercourse with the victim’s sexual intercourse.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing family relations certificates;

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

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. An order to attend a course: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Exemption from an order to disclose or notify information: 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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime committed against the Defendant who is a de facto relative-related person, and thus, the Defendant’s personal information is likely to be exposed to the victim’s personal information if disclosed, and the secondary damage to the victim is likely to occur during that process.

In addition, considering the defendant's age, occupation, type and motive of the crime in this case, the process of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the preventive effects of the sexual crime subject to registration which can be achieved thereby, the personal information of the defendant shall not be disclosed or notified.

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