성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.
Punishment of the crime
The defendant has been in de facto marital relationship with E, the mother of the victim D (V, 17 years of age), who is a juvenile, for about five years, and the victim had been living together in the same house for about three years before.
Around 01:00 on May 10, 2013, the Defendant, at the Defendant’s house located in 107 Dong 1401, a building F.M., 107 Dong 1401, performed drinking together with E and she with E, and she entered a lock, she: (a) was under the influence of the victim’s entry, she was under the influence of drinking by the victim who was locked by coming to the Defendant; (b) was under the influence of the victim; (c) the victim was under the influence of drinking by the her chest; (d) the victim was pushed the Defendant at the lock and resisted by the victim; and (e) was unable to resist the victim’s hand, and (e) was out of the victim’s panty line; and (e) was sexual intercourse once with the
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each police protocol of statement about D, E, and G;
1. Each police investigation report (to attach Kakao Stockholm messages, to replys to coincide with suspect genes), and a de facto investigation report;
1. Application of Acts and subordinate statutes requesting gene appraisal;
1. Article 5(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; Act No. 1156, Jun. 19, 2013); Article 297 of the Criminal Act; Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts (a)
1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (a punishment imposed on any crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);
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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The main sentence of Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;
1. An order to notify;