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(영문) 대구지방법원 2018.02.02 2017고합426

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for four years.

It shall be subject to protection observation for a period of two years for the claimant for the protection order.

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") had been living together with the victim C, who is the parent of the victim C, and was living with the victim from the beginning of 2010 to the end of 2016.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by blood) that the Defendant leaves the Defendant’s house located in Gyeong-do, Gyeongbuk-do, Gyeongbuk-si, Gyeongbuk-do, and goes to work in the middle of 21:00 a.m. on the day in the middle of 2010, leaving the victim (the age of 21 at that time) to the effect that he

The phrase "" and the victim went to a mutual influence in the city of Gyeongsan.

Defendant: (a) demanded the victim to be exempted from clothes at the above Moel; (b) the victim did not comply with it; (c) the victim exceeded the clothes of the victim; and (d) placed the victim from the entrance door to the entrance about which the victim intends to flee; and (d) boomed the victim’s resistance by placing the victim on board the victim’s body, booming the victim’s hand on his hand; and (c) inserting the victim’s hand into the part of the victim’s body.

Accordingly, the defendant raped the victim's kinship.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), on September 15, 2016, the Defendant tried to be exempted from the victim’s will by hand with the mind of having sexual intercourse, while arranging the clothes of the victim with G Mart located in the G Mart in Sinsan-si, Sinsan-si (hereinafter “F”), which was around 27 years old.

The Defendant, despite having expressed his intention of refusal by the victim, had tried to hear the sound of the victim and tried to find the sound, continued to be exempted from the victim’s will and clothes, and inserted his sexual organ into the sound of the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

The defendant shall have committed a sexual crime against a person who has committed an offense.