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(영문) 춘천지방법원 강릉지원 2013.04.04 2013고합7

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

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

Reasons

Punishment of the crime

The defendant is the child of the victim B (the age of 52), and the defendant and the victim do not live together for about 20 years, and they are the contact again from around 2010 and have come home.

On August 30, 201, at the victim's house located in Asan City, around 20:30 on August 30, 201, the Defendant: (a) had the victim drink and drink the alcohol; (b) had the victim divided the body of the victim by force; (c) forced the victim to do so; and (d) forced the victim's resistance by suppressing the victim's body; (c) exempted the victim's clothes from the victim's clothes; and (d) forced the victim's clothes; and (d) had the victim's legs cut off by force; and (e) had sexual intercourse once by inserting the victim's sexual organ into the part of the victim.

In this respect, the Defendant raped the victim who is a parent of the mother.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of witness by the prosecution against the victim;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes governing family relation certificates for victims;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. In light of the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification (in the event that the accused is a first offender without any record of sexual assault as well as any other crime), the content of the instant crime, the Defendant’s tendency and attitude, etc., it is difficult to deem that the accused is in danger of recidivism or recidivism of sexual crime, and rather, there are special circumstances that should not disclose and notify the Defendant’s personal information due to adverse effects on the exposure of the victim’s personal information, etc., if the conviction of the instant criminal facts, which are subject to registration, becomes final and conclusive, the Defendant is personal information as prescribed in Article 32 of the said Special Cases Act.