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(영문) 광주지방법원 2014.02.13 2013고합479

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Criminal facts

From around 2005, the Defendant is maintaining and living in a de facto marital relationship with C, and the victim D (Inn, E, intellectual disability Grade 3) is a father of C.

1. On July 2008, the Defendant: (a) at the Defendant’s residence located in the “F of the Jeonbuk-gun,” confirmed that the victim (the 13 years of age and the 1 year year in middle school at that time) was married; (b) forcedly placed the victim who resisted him to refuse to do so on the floor to suppress the victim’s resistance; (c) inserted his sexual organ into the victim’s negative part; and (d) inserted the victim’s sexual organ into the victim’s negative part, which is a de facto relative.

2. On November 1, 2010, around 11:00, at the Defendant’s residence, the victim (the 15 years of age and the 3 years of age at that time) confirmed that the victim, alone, runs a computer, and the victim, who is a de facto relative, committed indecent act by force, by inserting his hand under the clothes of the victim who resisted that the victim, etc. does not want to do so, by inserting his hand, taking the victim’s chest in front of the victim’s clothes, and by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A witness G and H’s legal statement (except for the part without admissibility as a hearsay statement)

1. Determination of the Defendant and the defense counsel’s assertion of the investigation report (Evidence No. 20 No. 5)

1. Although there is a fact that D's chest was delivered to D's chest as stated in the summary of the argument, it is limited to clothes, and there is no fact that D was raped as stated in paragraph 1 of the judgment.

2. The victim’s statement in the investigative agency and court, consistent with the facts charged in this part of the judgment, is deemed to be reliable in light of the following circumstances (a recognized fact or its deadline judgment) revealed through each evidence investigated by this court. Accordingly, the defendant is determined to have raped the victim and committed indecent act as stated in its reasoning.

The injured party shall be the space between the investigative agency and the court of law, and the space between the accused and the accused and the outside of the court of law on any day they return from I to I in the first year of the middle school.