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(영문) 서울남부지방법원 2016.12.09 2016고합521
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
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

Punishment of the crime

[Judgment of the court below] The defendant is friendly with the victim L(n, 23 years of age).

The Defendant, around 2008, committed an indecent act on the part of the victim by drinking at late or at new wall time, including sexual intercourses with the victim twice, and drinking at late.

【Criminal Facts】

On August 23, 2016, at around 01:50, the Defendant went to the room of the victim who was diving due to his sexual desire in Gangseo-gu Seoul Metropolitan Government M apartment 109 Dong 507, and the Defendant went to the room of the victim.

The defendant feel her salk and got back from the salk to the fry of the victim, and the victim re-salked into the room of the salker victim, and re-salked the victim's chest and the salkn part into the clothes.

As a result, the defendant committed indecent acts against the victim who is a blood relative by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning L;

1. Application of L’s written Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of 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 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 need to be prudent in that the disclosure and notification order of registered information may have a significant impact on the Defendant. The instant crime is committed against a victim who is related to the Defendant. As such, the details of the instant crime are limited to those of the Defendant, which make it possible for the Defendant to specify the victim, and thus are likely to cause more damage to the victim due to disclosure and notification. The Defendant’s personal information registration and

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