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(영문) 전주지방법원 군산지원 2014.08.22 2014고합86

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with E, a person who is a de facto marital relationship with a victim C (man, 32 years of age).

On August 8, 2013, the Defendant divided the Defendant’s office located on the first floor of the F-based building in Ulsan-si, Ulsan-si, the Defendant: (a) accessed the victim’s back from the back of the victim’s own side; (b) kid the victim’s chest with his left hand by saving the victim’s shoulder; and (c) kidd the victim’s body in order to avoid this accident by using the victim’s body in a canter; and (d) kid the victim’s body into the part of the victim’s body.

Accordingly, the Defendant, who was frightened by the victim’s residence on the second floor of the above building, was frightened by the victim, was frightened by the victim, was frightened by the victim’s chest and sound, and was frightened by the victim’s chest, and was frightened by the victim’s arms, and was frighten from the victim’s panty and panty, and was inserted into the victim’s quality.

Accordingly, the Defendant raped the victim with de facto kinship, from that time to November 201, 201, up to three times in total, as shown in [Attachment Table Nos. 1 to 3], including rape of the victim who had de facto kinship.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Application of Acts and subordinate statutes to prosecutor's office and police statement concerning C;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes