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(영문) 대구지방법원 상주지원 2016.03.17 2016고합2
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 40 hours.

Reasons

Punishment of the crime

1. On December 25, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) is at the small room of the Defendant’s house located in D around 20:0 on December 25, 2015, the Defendant is at the home of the Defendant, namely, the victim E (the 24 years of age), who is an external aircraft of the Defendant (the 24 years of age) and drinking alcohol; the victim is willing to give medical treatment to the victim; and the victim is placed on the part of the victim; and the victim is able to talk with the victim in order to rape; and “Nely move to the victim by force.”

The defendant's sexual organ was inserted into the body of the victim after suppressing the victim's resistance, such as typing him, and her from the victim's clothes, and she exceeded the victim's clothes.

Accordingly, the defendant raped the victim's kinship.

2. Around December 25, 2015, the Defendant: (a) committed an indecent act by force against the victim by inserting his/her her son into the clothes of the victim who renounced his/her son who took fright away from the victim’s house and laid her son around 22:00; and (b) committed an indecent act against the victim by forcing him/ her to take the son’s her chest in a ward located in the above Defendant’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Police seizure records;

1. Family relation certificate and a certified transcript of the removed family register;

1. Each response to a request for appraisal;

1. Application of each investigation report (No. 6, 7, 8, 10, 11 of the evidence list) statute;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of rape by blood) and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of coercion by blood);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Special cases concerning the punishment, etc. of sexual assault crimes committed to order;

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