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(영문) 서울남부지방법원 2018.05.11 2018고합89

성폭력범죄의처벌등에관한특례법위반(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 80 hours.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

From September 2005, the Defendant is in a de facto marital relationship with the victim C's mother from around September 2005, and is in a de facto marital relationship with the victim.

1. On September 2015, the Defendant: (a) committed an indecent act by blood in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) committed an indecent act by taking advantage of the victim’s resistance impossible condition, such as inciting the victim’s fingers (here, 16 years old), who was divingd in the defendant’s house located in Gangseo-gu Seoul Metropolitan Government E 201, with the intent of committing an indecent act; (c) holding the victim’s fingers inside the victim’s clothes; and (d) holding the victim’s chests in the victim’s clothes; and (d) inserting his fingers into the victim’s panty and inserting his fingers into the part; and (e) inserting his fingers into the part of the victim’s panty; and (e) inserting his fingers

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape by blood) committed on May 2016, the Defendant, at around 03:00, had sexual intercourse with the victim (the female, 17 years of age) who was divingd at a small room of the Defendant as stated in paragraph (1) at around 03:0, with the intent of having sexual intercourse with the victim, was taken back back back back by the victim’s side, followed by inserting his hand into the victim’s clothes, putting the victim’s chest into the victim’s panty, putting the grandchildren into the victim’s panty, cut off the victim’s sound part, cut off the victim’s lower panty and panty panty, and had sexual intercourse with the victim by inserting the victim’s sexual organ into one time.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 2016, 2016, the Defendant: (a) tried to rape the victim (here, 18 years of age) who was divingd at the bottom of the Defendant’s house around the new wall around the Defendant’s new wall; (b) taken the victim’s back by side; (c) putting the victim’s her finger into the victim’s brogate; and (d) her breast in the victim’s panty line.