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(영문) 의정부지방법원 고양지원 2019.01.22 2018고합203
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on July 28, 2018, the Defendant committed an indecent act by taking advantage of the victim’s state of inability to resist, who is the relative of relatives, as the Defendant’s house located in Seongdong-gu B building C, which is against the victim D (n't, pseudonym, 20 years of age) who was divingd, and was against the victim D (n't, family name, and 20 years of age) who is a fluent child.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Probation Orders and

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction 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; the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant appears to have the effect of preventing recidivism even with the registration of probation, lecture, community service orders, and personal information; and the Defendant is deemed to have the effect of preventing recidivism. In addition, taking full account of all the circumstances such as the social benefits expected by the disclosure order, notification order, and employment restriction order, the effect of preventing sexual crimes, and the disadvantages and anticipated side effects of the Defendant, there is no special reason to disclose, notify or restrict employment of

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. The age of 13 or more of the crimes of indecent act by force shall apply to the sentencing criteria (determination of type) general standards.

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