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(영문) 창원지방법원 2018.05.24 2018고합3

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

From September 29, 2017, the Defendant, who was in the wife or father relationship with the victim C (V, 39 years of age), was living together with the victim who was staying in the family of the Defendant in the wife or father relationship with the victim in order to care for the mother of the victim who was in the illness in the E hospital due to abstract cancer at the home of the defendant and the victim who was in the D apartment 207 105 dong or 105 dong-si in Kimhae-si from September 29, 2017.

At around 02:00 on October 3, 2017, the Defendant, at around 02:0 on the family of the Defendant, had a nursing problem with the husband of the victim and the children who had been living in a ward after drinking alcohol, had the victim feel “a person leaving the ward,” and had the victim boomed with the Defendant, and had the victim boomed with the inside of the Defendant to report it, and had the victim boomed to commit rape.

In front of the inner door, the Defendant followed up the victim who was pushing the Defendant with the inside of the Defendant, kiddd up his arms with his inner shoulder, kid up the victim’s two shoulders, kid up the victim’s body on the floor, divided the body of the victim into the body of the Defendant, and prevented the victim from resisting the body of the victim, and had the victim forced off his panty and panty, inserted the Defendant’s sexual organ into the body of the victim, and had sexual intercourse once more than 30 minutes between them.

Accordingly, the defendant raped the victim who is a relative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by C by prosecution;

1. Application of Acts and subordinate statutes on police statements by C and F;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.