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(영문) 부산지방법원 동부지원 2016.06.28 2016고합18

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

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Imprisonment with prison labor for the crimes of No. 1-A and B in the judgment of the defendant, for the crimes of No. 1-C, D, 2 and 3 in the judgment of the defendant.

Reasons

Criminal facts

On October 12, 201, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") were sentenced to a suspended sentence of two years on October 2, 201 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Busan District Court's Dong Branch, and the judgment was finalized on October 20, 201. On February 1, 2012, the court was sentenced to a maximum of one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence around January 27, 2015. < Amended by Act No. 11318, Feb. 1, 2012; Act No. 13183, Jan. 27, 2015>

[Criminal facts]

1. The Defendant committed the crime against the Victim C was flive by the victim C (Min, 198 birth). The Defendant was punished by imprisonment with labor for the crime of “Attempted homicide” due to domestic violence in the Busan District Court’s branch branch branch branch on April 30, 2010. After release on April 27, 2012, the Defendant’s mother E refuses to live together, and the Defendant’s fear and apprehension of fear of the victim’s fear due to the Defendant’s assault against the victim, the victim’s fear and fear of flickness due to the Defendant’s violence, and the abuse of D and the Defendant’s own superior position are distinguishable from each other, and thus, a person who is under age was punished by imprisonment with labor for the crime of attempted homicide due to domestic violence, or by using the Defendant’s own superior position, with a view to easily refusing the Defendant’s demand or failing to resist it.

A. A. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape by Relatives) and Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Rape, etc. by Minors under the age of 13) (1) show that the Defendant, while carrying a computer at the Defendant’s house located in Busan-gun F around 20:00 on September 208, 200, was sent to the Victim C (A, 10 years of age at that time), while carrying out the computer at the Defendant’s house located in Busan-gun F, Busan-gun;

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