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(영문) 서울중앙지방법원 2013.04.11 2012고합1561

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

A petitioner for attachment order (hereinafter referred to as the "defendant") had been living together with the victim since 2010, since D, the victim C's mother, and since 2003, the victim's father and mother, and the victim had been living together with the victim since 2010.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) reported on May 14, 201 to view, around 14:00, the Defendant’s house living room of the Defendant, Seoul E-building 201, and the victim (the age of 15 at that time) viewed TV, and committed an indecent act by force against the victim, such as using her own victim’s chest and negative part, and leaving the victim’s face.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) reported that the victim was locked at the room of the victim in the same place of residence as the preceding paragraph of 23:00 on the same day, and raped by inserting the victim’s son off his boom and clothes, and inserting the Defendant’s sexual organ into the part of the victim’s frank, she was able to put the Defendant’s sexual organ into the part of the victim’s frank, she was released from the lock, she was “the victim who was fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the f

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the statement and entry of witnesses C in the first protocol of trial;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crimes;

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. Article 38 (1) 1 and (3) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;