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(영문) 수원지방법원 성남지원 2015.10.08 2015고합76

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

The defendant is the father of the victim D (math, March 1998).

1. On November 19, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) brought the victim (as at the time, 16 years of age) in the Defendant’s house located in Seongbuk-gu, Sungnam-si, Sungnam-si, with the inside of the victim, and brought the victim’s clothes in the Defendant’s house, and then brought the victim’s clothes off “I do not refuse to do so. I do not refuse to do so.” The Defendant forced the victim’s arms, laid off the victim’s body on his part, she takes the body from the be on the bed, put the victim into the victim’s sexual organ, put the victim into the victim’s sexual organ, put the victim into the victim’s sexual organ continuously, put the victim into the victim’s sexual organ into the victim’s sexual organ, put the victim into the victim’s sexual organ into the victim’s sexual organ inserted.

2. On July 24, 2014, the injured Defendant: (a) suppered the victim’s body on the ground that the victim does not listen well at his house; (b) suppered the victim’s body on the ground that the victim’s body was suppered; and (c) suppucks and heads of the victim’s body were suppered, and the victim’s hand, which prevents the victim from taking place, caused the victim’s bucks that could not know the number of days of treatment.

Summary of Evidence

1. The defendant's legal statement (as to paragraph (2) on the market);

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Statement analysis opinion, psychological evaluation report;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to medical records);

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of rape based on the relation of relatives) and Article 257 (1) of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy penalty);

1. Order to complete a program, pursuant to the main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles Sex Offenses;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification;