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(영문) 창원지방법원 진주지원 2020.02.06 2019고합93

성폭력범죄의처벌및피해자보호등에관한법률위반(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 40 hours.

(e).

Reasons

Punishment of the crime

From around 2008, the defendant living together with the mother of the victim B (the victim's birth in 2000) from around July 11, 2012.

On November 2015, the Defendant: (a) at one’s own house located in Sacheon-si C Apartment D, the Defendant: (b) accumulated in the victim’s side of TV who reported TV; (c) put the victim’s side fluencing in the victim’s body; and (d) put the victim into the victim’s side fluencing to engage in sexual intercourse between the latter and the latter; (c) however, the victim refers to the victim “FIIIIIIIIIIIIIIIIIIIIIIIIII would like to go off the victim’s clothes; and (d) laid off the victim’s body with the victim’s body and fluencing the victim’s body; and (d) inserted the victim’s sexual organ into the part of the victim’s body fluing the victim’s body.

Accordingly, the defendant raped the victim who is a blood relative.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. 112. List of reported cases;

1. An abstract of the resident registration of the defendant, victim, and E;

1. Application of the Acts and subordinate statutes governing storage CDs and Kakakao Stockholm messages as a result of digital sirens;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be registered and submitted with personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and

The proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), and the proviso to Article 50 (1) of the Act.