성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
A defendant shall be punished by imprisonment for seven years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Punishment of the crime
The Defendant, as a shesheshesheshesheshes from the victim B (a name, a female, 27 years of age), was sexually imprisoned against the victim. The Defendant was willing to rape the victim by receiving a request from the victim's wife to exchange the victim with his/her she at the drinking place with his/her she, and to exchange the victim with his/her her she to gather.
At around 03:00 on August 8, 2018, the Defendant: (a) placed the victim’s DK3 vehicle head, parked in C, having been drunk, on the top of DK3 vehicle head, in order to rape the victim who is unable to resist due to sleep; (b) placed the victim into the front line after having a panty fit with the victim; (c) opened the panty with the panty; (d) opened the chest into the panty; and (e) laid the victim’s panty and panty; and (e) laid off the victim’s panty and panty with the victim’s sexual organ inserted into the part of the victim.
As a result, the defendant raped the victim using the victim's state of impossibility to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. The police statement concerning B;
1. A report on internal investigation (on the scene of crime, etc.);
1. Application of the Acts and subordinate statutes governing explanatory transmissions (written requests for appraisal by the National Institute of Scientific Investigation) and family relation certificates;
1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The Defendant’s personal information is personal taking into account the Defendant’s age, environment, social ties, criminal record, and the risk of re-offending of a crime (no record of criminal punishment for the same type of crime), the background and content of the instant crime, the profits expected by the disclosure notification order, the effect of the disclosure notification order, and any disadvantages and side effects therefrom, etc.