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(영문) 서울중앙지방법원 2016.01.15 2015고합1055

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

1. The punishment of the accused shall be ten years;

2. A program for treating sexual assault for 40 hours against the accused.

Reasons

Punishment of the crime

1. On March 23, 2014, the Defendant was de facto in a de facto marital relationship under which TV was accumulated in a mixed room inside and outside of Songpa-gu Seoul Metropolitan Government 01, at around 11:00 to 12:00, and was in a de facto marital relationship with TV being viewed.

To the victim E (the age of 12 at the time of marriage, the female living together) who is his father, living together with D, married with the victim's chest and the sound, as soon as possible, and the victim "ma. Ma. Ra." while being sealed by the victim's body with his hand, despite resistance, the victim's resistance against the other victim's body which was sealed by the victim's sexual intercourse with the victim's sexual organ inserted the Defendant's sexual organ into the part of the victim's body.

2. On July 2015 or around August 2015, the Defendant, who was reporting smartphones (at the time, 13 years of age) with the victim (at the time), was off from the victim’s clothes, she was frightened with the chest and drinking with the victim’s chest, and the victim was tightly pushed off with the victim’s body, and she was frightened with the victim’s body, and she was frightened with the victim’s sexual intercourse once by inserting the victim’s sexual organ into the part of the victim’s body, even though she was frightened with the victim’s body, and then she was frighted with the victim’s sexual organ inserted into the part of the victim’s body.

3. On October 24, 2015, the Defendant, at around 21:00, had reported smartphones at a small room located in the above residence (at that time, 13 years old), had Dan off the victim’s clothes, cut off the victim’s clothes, talked with the chest and sound part of the victim, and the victim called “ma. Ma. Ma. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.) and had sexual intercourse once by inserting the victim’s reflect on the victim’s body,

Accordingly, the defendant raped the victim, who is a de facto relative, over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of the victim;

1. Stenographic records;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

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

1. The aggravated Criminal Act for concurrent crimes.