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(영문) 청주지방법원 2020.10.16 2020고합142
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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

The defendant is the father of the victim B(n, 24 years of age).

On December 8, 2019, at around 12:00, the Defendant, following the victim, who was taking a string of the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government C building D, by cutting down the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of one copy of the police statement in relation to B and E;

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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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, 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 (in full view of the Defendant’s age, past record, content and motive of the crime, risk of repeating a crime, the course and method of the crime in this case, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime that may be achieved therefrom, the effect of protecting the victim, etc., it is determined that there are special circumstances in which the Defendant shall not disclose or notify personal information, and thus, the Defendant shall not

1. A Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019) to the Employment Restriction Order.

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