성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
The crime history room (2018 Gohap377) and the victim B (13 years old) are between the defendant and the other father (13 years old).
Around 04:00 on August 29, 2018, the Defendant, at the government-si C Apartment D around 04:0, was off from the victim’s room in the house where the Defendant and the victim were living together, and panty and panty of the victim, and inserted the Defendant’s sexual organ into the victim’s sexual organ.
In this regard, the victim's body was sealed and resistanceed by his hand while stating that he is "n't ...", and the defendant had sexual intercourse once by inserting the victim's sexual organ into the victim's sexual organ.
Accordingly, the defendant raped the victim who is a blood juvenile with the defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Each video recording CD or each recording of the statements;
1. Application of Acts and subordinate statutes to a family relation certificate (A) and a certified transcript of the removed family register;
1. Article 5 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes under the relevant Act on Criminal Crimes (the point of rape in relation to relatives) and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of rape in relation to children and juveniles);
1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (the lowest sentence shall be subject to the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Provided, That the minimum sentence shall be subject to the punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse);
1. Selection of punishment and limited imprisonment;
1. Mitigation of discretionary mitigation under Articles 53 and 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 and Juveniles against Sexual Abuse;
1. In the case of 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, the effect of preventing recidivism can be expected to a certain extent only with the registration of personal information and the completion of sexual assault treatment programs.
(b) other.