logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2018.09.20 2018고합5
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

On January 10, 2016, at around 02:00, the Defendant: (a) drinked the victim D and alcohol in the vicinity of the Defendant’s residence; (b) moved to the Defendant’s residence; and (c) kidddddd the victim next to the victim who was under water leakage in the room; and (d) the victim “I am mast.”

needed to do so.

As "I am the body of the victim with her hand more strongly, I am the victim's body in the state of "I am h k k k k k k k k k k kn kn kn kn kn kn kn kn kn kn kn

Accordingly, the defendant committed an indecent act against a relative related person by force.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the prosecution with regard to D;

1. The application of investigation reports (in relation to the attachment of resident registration, abstract, family relation certificate, and removed transcript), investigation reports (in relation to the photographs of forced indecent conduct scene), investigation reports (in relation to forced indecent conduct scene photographs), and the application of Acts and subordinate statutes;

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 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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 under Order to provide community service and attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes exempt from an order to disclose information and an order to restrict employment, the proviso to Article 49(1), Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) [the Defendant’s age, environment, social ties, criminal records, and risk of recidivism (no record of the same type of crime)], and the circumstances and details of the instant crime, the profits and preventive effects expected by an order to disclose information and an order to restrict employment, and disadvantages and side effects therefrom, shall not be disclosed.

arrow