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(영문) 창원지방법원 2016.03.31 2015고합276

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant is the father and father of the victim C (V, 15 years of age).

Around December 2014, the Defendant was divorced from the Victim D, who was the father of the victim, and then was living separately with his or her children including the victim. On November 1, 2015, the Defendant sought awareness that the victim and his or her family members were living in a residential area where the victim and their family members reside. In this case, the Defendant discovered the victim who was seated in the stairs front of the married couple.

The defendant had been able to have sexual intercourse by taking advantage of the victim's psychological and mental impossibility status due to the previous habitual domestic violence and female relationship.

On November 1, 2015, the Defendant: (a) 23:00 on November 23, 2015, while watching television in the room of the Defendant’s dwelling located in the F Studio of Kimhae-si, the Defendant “outstanding”, and sparing the victim’s body behind the victim; (b) embling the victim’s body back; (c) putting the victim’s body into the front part; (d) putting the chest into the part of the victim; and (e) putting the chest back the victim’s body; and (e) putting the victim’s clothes into the front part of the victim’s body, and then locked the victim’s body.

It is necessary to grow ice to schools.

“The victim who gets a large amount of sound means “the victim who is fine, frightened, frighten, frighten, frightened, O.” The victim’s bridge is divided into two sides of the bridge, and the victim’s bridge is frightened, and the victim’s fingers and fright are frightened, and the victim’s fingers and frighten are frightened, and the victim’s sexual organ was frightened into the part of the victim, and attempted to rape the victim’s sexual organ by placing the victim’s sexual organ into the part of the victim, but the victim’s sexual organ was not frightened and attempted to commit an attempted crime by making it difficult for the victim to do so.

Accordingly, the Defendant attempted to rape the victim of kinship.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Video-recording CDs recorded by each victim and stenographic records recorded by each victim;

1. Application of the law of the police statement protocol to D.