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(영문) 의정부지방법원 2018.02.01 2017고합227
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 04:00 on March 26, 2017, the Defendant committed an indecent act against the victim by entering a room in which the victim D (V, 39 years old) who was a defendant's scam scam, was locked with the victim's children, and locked. At around 04:0 on March 26, 2017, the Defendant committed an indecent act against the victim by inserting his hand into the part of the victim's scam in a state where he was locked.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss of relatives or the state of impossibility of resistance.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes to photographs worn at the time of damage;

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. 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (except for the instant crime, the Defendant has no record of having been punished for any sexual crime, and the Defendant has no record of committing any sexual crime, and in light of the Defendant’s age, background of the crime, circumstances after the crime, relationship with the victim, etc., there is a risk that the Defendant

It is difficult to readily conclude, only with the completion of the registration of personal information and the sexual violence treatment program, that the defendant can have the effect to prevent recidivism.

In addition, all other circumstances, such as the profits and preventive effects expected by the disclosure or notification order of this case, and the disadvantages and side effects resulting therefrom, etc.

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