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(영문) 창원지방법원 2016.05.03 2015고합286
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. From January 2015 to February 2015, the Defendant: (a) committed an indecent act by force against the victim by means of committing an indecent act against the victim’s panty in the Defendant’s residence located in the apartment of Kimhae-si, Kim Jong-si, with his or her relative, under the state of panty panty panty ties; (b) the victim’s following the victim, who was frightening his or her wall toward the wall, was heeped with the victim’s panty panty ties; and (c) committed an indecent act against the victim by committing an indecent act against his or her sexual organ, by harming the victim’s her her spanty.

2. On March 2015, the Defendant: (a) committed sexual harassment, etc., such as sexual harassment, etc., that causes a sense of sexual humiliation, etc., on the part of the Defendant’s residence; (b) was seated at the inside of the said Defendant’s residence; and (c) went off the victim with panty while holding the victim out of his/her panty; and (d) was able to take the victim’s hand and bring him/her to his/her sexual organ; and (c) was boomed several times under the above and below so that the Defendant committed sexual abuse, etc., such as sexual harassment, etc., that causes a sense of sexual humiliation, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (Compulsory Indecent Acts, Selection of Imprisonment), Article 71 (1) 2-2 and Article 17 subparagraph 2 of the Child Welfare Act (the occupation of sexual abuse and the selection of punishment) concerning the crime;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is aggregated with the long-term punishment of the above two 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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

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