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(영문) 의정부지방법원 2015.01.15 2014고합376
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a de facto husband and wife with C, the victim D (n, 35 years of age) is a couple of C, and the victim has been living in the fourth floor E from the end of April 2014, the victim has been living together with the defendant's husband and wife.

피고인은 2014. 5. 19. 22:30경 위 주거지 옥상에서, 바람을 쐬기 위하여 바닥에 앉아 있던 피해자의 뒤에 양 다리를 벌리고 앉아 피해자의 겨드랑이 사이로 피고인의 양 손을 넣어 피해자의 가슴을 주무르고, 피고인의 성기를 피해자의 허리 부위에 닿게 하여 사실상 친족관계에 있는 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of the victim D;

1. A written statement of the victim D;

1. Application of the Acts and subordinate statutes to the Kakao Stockholms;

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

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

3. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

4. In light of the facts leading up to the instant crime, etc., the Defendant does not have the same criminal record to exclude the disclosure order and the notification order, and the circumstances leading up to the instant crime, there is a risk of recidivism or recidivism against the Defendant solely on the sole ground that the Defendant committed the instant crime.

It is difficult to deem that there is a need to impose a disposition such as disclosure and notification order, which may significantly affect the rehabilitation of the defendant.

Therefore, inasmuch as it is deemed that there are special circumstances to prevent Defendant from disclosing personal information under 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, which is applied mutatis mutandis by Articles 47(1) and 49(1) of the Act on the Punishment, etc. of Sexual Crimes, the disclosure order and notification order are not imposed

The grounds for sentencing (decision of type) shall be general standards for sex offenses.

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