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(영문) 춘천지방법원 속초지원 2019.10.17 2019고합26
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, around July 15, 2019 to 18:30 on July 15, 2019, the requester for probation order (hereinafter referred to as the "defendant") brought about the victim C, who is the pro rata of the defendant in Gosung-gun C (here, 18 years of age), who is his/her native, in the state of his/her locking, in the victim's frighting back, and her son her son her son her son her son her son her his/her son her son, and the victim's her son her son her son her son her son her son her son her son, and her son her

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of statutes, such as family relations registers;

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

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 fact that there is no past record of committing a sexual crime against the accused, and the Defendant’s imprisonment with prison labor (the fact that the effect of preventing recidivism can be achieved even by a sentence of suspension of execution, registration of personal information, probation, and taking a course of sexual assault treatment) against the accused. In addition, the relationship with the accused and the victim, the details and details of the instant crime, disclosure order and notification order, and anticipated side effects and side effects

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