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(영문) 의정부지방법원 2015.11.11 2015고합34

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

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A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

In light of the fact that the victim appeared to have suffered a large mental shock and is living in a protection facility with her husband, and the victim's damage has not been completely recovered, it is necessary to punish the defendant with strict punishment corresponding to the crime liability.

However, it is against the fact that the defendant has a sex relationship with a victim who is at least shot, there is no previous conviction except that who has been punished by a minor fine in 1987, the fact that the defendant is older than the defendant is an elderly person, the circumstances and result of each of the crimes in this case, the method and result of each of the crimes in this case, various sentencing conditions such as the circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines of the Supreme Court (FL - 6 months - 15 years)* 1 [Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes]: General standards, sex offenses against the disabled (at least 13 years old), Types 4 (Rape), basic area, 6 years - 9 years - 2, 3 [Rape with relatives]: General standards, types 13 years old or older, types 2 (Rape with respect to relatives, etc. by relatives relation), types 2 (at least 13 years old), basic area of imprisonment with prison labor for up to 8 years, 5 years or more.

When a conviction is confirmed on the facts constituting a crime on which personal information is to be registered and submitted, the defendant shall be convicted of such facts, Article 2 of the former Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 5(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) and sexual crimes.