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(영문) 광주지방법원 2013.04.25 2013고합30

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Criminal facts

Defendant

In addition, from February 2010 to December 12, 2012, the person subject to the request for attachment order (hereinafter “Defendant”) was a person who was in a de facto marital relationship with D as a result of living together with D in accordance with subparagraph 301 of Article 301 of the Gwangju Northern-gu Seoul Northern-gu, and the victim E (n, F) was a parent of D, and two persons were de facto relatives.

1. Around 23:00 on October 25, 201, the Defendant visited the house of the above C building 301 and the house of her mother D in order to rape the victim (the age of 15 at that time), who was living together in the house of the victim (the age of 15 at that time), put his hand in the victim’s clothes, and added his finger into the victim’s clothes, and her fingers.

In addition, the Defendant: (a) stated that “the Defendant was included only once in the body to allow the victim to play a mobile game; (b) placed the victim only once; and (c) placed the victim on a elbow, lying the victim into a elbow, separated the victim’s chest, and prevented the victim from resisting the victim’s chest; (d) exceeded the victim’s panty, and raped the victim by having panty sexual intercourse.”

2. On September 21, 201, around 23:00 on September 21, 201, the Defendant visited the house of the above C building 301 and the family of his mother D, and put the victim’s chest into the clothes of the victim (the age of 15 at that time) who was living together, and met the victim’s chest and her finger.

In addition, the Defendant committed an indecent act by force on 24 occasions from January 24, 201 to October 24, 201, as shown in the list of crimes in attached Form 20:00 to October 24, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to victims E (second time);

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 11);

1. Paragraph (1) of the relevant Article on criminal facts: Article 5 (1) and (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 (2) of the Criminal Act: The punishment, etc. of each sexual crime shall be applicable.