성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Punishment of the crime
The defendant is the father and father of the victim E (n, F).
1. From around 208 to around 2009, the Defendant violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (voluntary indecent act by blood) was committed in the family of the Defendant located in the area of the Republic of Korea in the middle of the Korean War, and repeated the Defendant’s act of cutting off the victim’s panty and cutting off the victim’s her panty, and cutting off the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s
Accordingly, the defendant committed an indecent act on the victim's kinship by force.
2. On January 29, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood) included the Defendant’s grandchildren in G at the Government-Si around 03:00, G at the Defendant’s house at around 305, and under the Defendant’s house at the victim’s house at around 26 years of age, and included the Defendant’s fingers in the victim’s sound book.
As a result, the defendant committed an indecent act against the victim by taking advantage of the state of “non-fluence to resist” in the indictment for loss of the victim’s mind and body.
Although it is written, it means a case where psychological or physical resistance is not possible due to reasons other than loss of mind and body, and as in this case, it cannot be viewed as a situation where the victim locked as it constitutes a mental and physical loss (see Supreme Court Decisions 76Do3676, Dec. 14, 1976; 2001Do3490, Sept. 14, 2001; 2001Do3490, Sept. 14, 2001). It is stated that the victim was locked and the defendant used it to commit an indecent act, and the defendant does not specifically dispute it, and there is a concern that the defendant might have a substantial disadvantage to the defendant's right of defense.