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(영문) 수원지방법원 여주지원 2014.06.19 2014고합11

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, the petitioner for the attachment order (hereinafter referred to as the "defendant") is the victim C (here, D)'s prone.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape in relatives);

A. On January 2009, the Defendant: (a) laid the head of the victim (the age of 13 at that time) in the Defendant’s house room located in the E 1st floor in Leecheon-si, Leecheon-si; (b) laid down the victim’s body on the floor by hand; and (c) prevented the victim from resisting by taking the victim’s body toward the upper part; (d) set off the victim’s bucks to the buckbuck site; and (e) laid down the victim’s buck part of the panty part in the panty part by side; and (e) raped the victim who had sexual intercourse once.

이 사건 공소장에는 ‘피고인이 피해자와 피해자의 남동생에게 “너희들도 이제 술을 배워야 하는데 몰래 친구들과 마시지 말고 아빠 앞에서 제대로 술을 배워라, 많은 양을 한꺼번에 마시면 접촉하는 면이 적으니까 덜 취한다, 원샷해라”고 하면서 유리잔에 소주를 부어 주어 강제로 마시게 한 다음 술에 취한’ 피해자를 판시와 같이 강간하였다는 내용이 포함되어 있고, 피해자도 수사기관에서 그와 같이 진술하였다.

However, in this court, the victim stated in the prosecutor's question to confirm the statement made by the above investigative agency of the victim that "the contents are added to the prosecutor's question. The drinking is about the third year of middle school, and the head is about the second year and the first time is about the second year." In accordance with the victim's legal statement, the victim's criminal facts are acknowledged except the above part.

B. The Defendant: (a) January 2010 to

2. On the floor of the defendant in F at the P.m. Won-si in P.m., the victim (the 14 years old at that time) forced him to drink, and then, the drunk victim shall be towed at a small size, be placed on the bend, and the victim's will.