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(영문) 대전지방법원 2016.05.12 2015고합366
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a relationship of which the defendant lives together with the victim D (Wu, 12 years of age)'s usheshes.

1. On March 2014, the Defendant: (a) at the Defendant’s residence located in Sejong-si, E, 309 Dong 1702; (b) stated, “I am how much the victim would have ever been.”; and (c) committed an indecent act by force against the victim, who was married in the room.”

2. On February 2014, the Defendant, at the Defendant’s residence inside and outside of the Defendant’s residence, locked from the victim’s side to the victim’s panty, kicked the victim into the victim’s panty, and committed an indecent act by force against the victim.

3. On July 2015, the Defendant, at the end of the Defendant’s residence, committed an indecent act by force on the part of the victim, stating, “I am how much” to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement made by D contained in each of the recorded video CDs or video recorded CDs;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing family relations certificates;

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

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Relatives)];

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 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from an order to disclose or notify information (the defendant has no record of punishment for any sexual crime, and the defendant is expected to have the effect of preventing recidivism even if he/she has completed the registration of personal information of the defendant and the treatment program for sexual assault). Thus, there are special circumstances that may not disclose or notify the defendant's personal information.

I think)

Defendant

. The counsel;

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