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(영문) 인천지방법원 2015.04.22 2015고합34

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 120 hours.

Reasons

Punishment of the crime

1. On June 2, 2014, at around 21:00, the Defendant used money to the victim C (the age of 81) who was born in his/her domicile in Bupyeong-gu Incheon, Bupyeong-gu, but was denied on the ground that there was no money from the victim, the Defendant assaulted the victim, who is still in existence, by making the head of the victim several times of drinking bucks and walking bucks.

2. On January 6, 2015, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Rape in Relatives) entered the victim’s room in the area located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and led the victim to “one-time defect”, and the victim walked with the victim’s buckbucks on the ground that the victim resisted against the victim, walking the victim’s buckbucks, leaving the victim’s buckbucks, leaving the victim’s bucks, suppressing the victim’s resistance, and raped the victim by having sexual intercourse with the victim’s will and panty.

Summary of Evidence

1. The witness C and D’s each legal statement (the victim C’s statement is recognized as credibility in light of the following: (a) the process and method of the crime; (b) the content of the damage; (c) the response and status of the victim; (d) the body and consistency of the statement concerning the circumstances before and after the crime; and (e) the attitude of the victim to make a false statement in this court; and (e) the other motive and reason for gathering the

1. Records of sexual assault victims and records of sexual assault victims;

1. Application of Acts and subordinate statutes of one hundred and sixty days of report, attaching field photographs, attaching photographs of damaged parts, and reporting on investigation (content of foreign currency outside the form of e-mail);

1. Relevant Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Rape based on Relatives) and Article 260 (2) and (1) of the Criminal Act (the point of violence and the choice of imprisonment with prison labor) of the same Act concerning criminal facts;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the long-term punishment for two crimes concerning rape in relation to relatives) shall be imposed;