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(영문) 광주지방법원 순천지원 2017.11.02 2017고합142

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim D (the family name, the female, the age of 13).

At the end of the week, the Defendant entered the shipbuilding company located in Salyang, and lived with the Defendant’s wife E at the end of the week. The Defendant visited the wife with the wife at almost every week, or visited the wife at each time, and lived in the same room as the victim living together with the mother at each time.

On July 2016, 2016, the Defendant: (a) Goyang-si apartment G apartment △dong 】 △△dong 】 in the room of the victim, and (b) the victim covered and enjoyed the fluor, and (c) stored the fluor himself/herself in the clothes of the victim, and met the chest of the female.

The Defendant continued to have sexual intercourse by standing off the victim's panty and panty, and putting his sexual organ into the victim's negative part.

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

Summary of Evidence

1. Partial statement of the witness D;

1. Statement made by the prosecutor and the police involved in H;

1. Statement made to I by the police;

1. Stenographic records (victim’s statement) and video recorded CDs (No. 47 No. 5 of the evidence list);

1. Investigation reports (in cases of interviewing victims and attaching internal photographs to rooms), investigation reports (in cases of verbal statements, etc. of victims-friendly council);

1. One copy of the inquiry into data for confirmation of communications and the statement of telephone conversations;

1. A medical certificate;

1. One copy of a written consultation;

1. Application of Acts and subordinate statutes to forests for damaged places and on-site photographs;

1. Article 7 (5) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the crime and Articles 7 (5) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (which has no record of being punished for a sex offense against the defendant, and the personal information of the defendant and the victim are disclosed to the public due to relatives of the defendant and the victim is likely to infringe on the privacy of the victim;

Other cases.