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(영문) 인천지방법원 부천지원 2013.12.20 2013고합228

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 180 hours.

Reasons

Punishment of the crime

Victim C (A. 29 years old) is a relative with the victim on February 21, 201, between the defendant's imprisonment D and the defendant's marriage on February 21, 2011.

1. On July 5, 2013, around July 5, 2013, the Defendant: (a) exceeded the clothes of the Defendant in order to rape the victim in the Defendant’s residence located in the Seocho-gu Seoul Special Metropolitan City E-U.S. E multi-household; (b) opened the victim’s kis, and opened the victim’s kis; (c) opened the victim’s ks, ksks, ksks, ksks, ksks, ksks, ksks, ksks, and committed sexual intercourse over two occasions; and (c) committed sexual intercourse.

2. Around July 6, 2013, the Defendant committed the crime, around July 6, 2013, after leaving the victim’s body above the floor at the above place, attempted to engage in sexual intercourse with the victim’s body after suppressing the victim’s resistance, but the victim did not object to the victim’s resistance and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes governing family relation certificates;

1. Article 5 (1) and Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [one of the concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) around July 5, 2013, which is heavier than the quality of the crime];

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The range of applicable sentences: Imprisonment with prison labor of up to six years and six months.