성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.
Criminal facts
around 1998, the defendant has been living together with the victim C (the 13-year old age) who was born by his father and female living together with his mother in 198.
1. Around October 8, 2012, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape in relation to relatives), committed a sexual intercourse by reporting the victim who was locked by the Defendant’s side at the house located in a considerable area of Cheongju-si, and by using the Defendant’s condition.
The defendant put a hand in the victim's panty and talking with the part of the victim's panty, trying to put his sexual flag into the victim's sexual flag in the victim's panty state. However, even though the victim's spanty did not escape because she was frighten in the lock, and she did not reach the wind.
Accordingly, the defendant tried to have sexual intercourse with a victim who has been related by taking advantage of the state of impossibility to resist.
2. Around 03:00 on the same day, the Defendant committed an indecent act against the victim who has been related to the victim by taking advantage of his/her state of difficulty to resist, such as having access to the victim who has continuously been locked, and having taken advantage of his/her state of difficulty to resist.
Summary of Evidence
1. Each legal statement of witness E;
1. The statements made by the victim C in the video CD (including the stenographic records);
1. Application of statutes, such as family relation certificate;
1. Relevant provisions concerning the facts constituting an offense, and Articles 14, 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;
1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty);
1. Legal provisions;