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(영문) 제주지방법원 2019.11.28 2019고합159

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a father of the victim B (a family name, a female, 14 years old).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

가. 피고인은 2017. 7.경에서 2017. 8.경 사이 일자불상 저녁경 주거지인 의정부시 C맨션 D호 내 안방에서 피해자와 함께 휴대전화로 동영상을 보던 중 엎드려 있는 피해자의 어깨를 잡아당겨 피해자가 몸을 뒤집자 피해자의 가슴을 만지고, 입으로 피해자의 젖꼭지를 빨아 추행하였다.

B. From November 2018 to December 2018, the Defendant committed an indecent act by making the chests of the victim several times among the Defendant’s second his/her dependants in Seogpo-si E, his/her residence, at around 18:00 on the date and time between November 2018 and December 2018.

C. On December 2, 2018, at around 15:00 on the date, the Defendant, who was 15:00, accumulated the victim’s chest back to the victim’s room in Seocho-si, E, who was living in his/her place of residence, and met the victim’s chest, and committed indecent act with the victim’s sexual flag.

2. On August 25, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) did not resist the fears from the victim’s room within the F building G at Seopopo City where his residence is located and did not resist the fears from August 25, 2019, and the Defendant had sexual intercourse once by inserting the victim’s chest and the sex organs into the victim’s negative part.

Accordingly, the defendant committed indecent acts by compulsion and rape against the victim's relatives.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor of H and the police's statement;

1. Stenographic records;

1. Records of seizure and the list of seizure;

1. A gene appraisal report;

1. Family relation certificate:

1. Application of Acts and subordinate statutes to investigation reports (the date and time of the third crime by indecent act by the defendant), investigation reports (Attachment to field photographs), investigation reports (the statement on the summary of the case of assault to the defendant and the agreement assistance to the case);

1. Special cases concerning the punishment, etc. of sexual crimes under the relevant Act on criminal facts;