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(영문) 서울남부지방법원 2018.10.05 2018고합342
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 a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

The defendant is the father and mother of the victim D (n, 24 years old).

On June 11, 2017, at around 15:00 to 16:00, the Defendant, at the dwelling room of the Defendant located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the first floor, placed the victim on a bed while playing together with the children, placed the victim on a bed, laid the victim into the bed, laid down his hand into the bed, kid against the victim, kid the victim’s jum, cut his hand into the part on the part of the victim, kid the knife, cut the knife, knife the knife into the bed part on the part of the victim, and knife the knife into the bed.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (victim D telephone conversations and each witness F telephone conversations) (applicable to statutes 9, 14, 15)

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 stay of execution (The following consideration shall be repeated for the reasons for sentencing):

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of two years and six months from one hundred to fifteen years;

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the general standards for sex offenses (subject to at least 13 years) and the basic area of the two types (voluntary indecent acts, such as forced indecent acts by blood and intrusion into residence) [the scope of the recommended and recommended punishment], two years and six months or five years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for 2 years and 6 months, and suspended execution for 4 years, the crime of this case is likely to be criticized in light of the relationship between the defendant and the victim, the degree of conduct in the prosecution, and the status of the crime.

The victim is highly likely to commit the instant crime.

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