성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
A defendant shall be punished by imprisonment for five years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
From around 2009, the defendant is in fact a shelter of the victim C (here, 18 years of age) who is in a marital relationship B, and has de facto kinship with the victim.
At around 20:10 on April 5, 2019, the Defendant, at the Defendant’s house located in Yong-si, Down-si, the Defendant: (a) had a breathous victim, who was under the influence of alcohol, and was drinking together with the victim, who was traveling to the said B while drinking together with the victim who was traveling to the house.
Accordingly, the Defendant, as the above victim's room, laid his finger with the victim's chest, her chest, her bel, and her fel while her felcing the victim's cel, her felb, and her felcing, her feld in the lock while her felcing the victim, her feld with the victim who was unsatn at the bottom of the bed, and continued to have sexual intercourse once with the victim under the influence of alcohol.
Accordingly, the defendant has sexual intercourse with the victim by using that the victim who is de facto dependent is in a state of mental or physical disability or impossibility to resist.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. A protocol of examination of part of the defendant by prosecution;
1. Statement to C by the police;
1. A criminal investigation report (No. 1), investigation report (exploitation of site photographs and securing of evidence);
1. A complaint;
1. Application of Acts and subordinate statutes on seizure records and list of seizure;
1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The fact that the Defendant has no record of criminal punishment under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from disclosure order and notification order, and the instant crime alone cannot be deemed to have a criminal tendency against many unspecified victims, execution of imprisonment, and sexual assault.