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(영문) 수원지방법원 2015.04.03 2014고합522
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C (the 15-year old age) were 4 degrees between the defendant and the victim, and around January 2013, the victim died at the parent of the defendant (the victim's mother and the mother's mother) and became able to live together.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On July 2013, 2013, the Defendant: (a) placed the victim in the room located in the Defendant’s residential area located in G with the wife population of the Defendant, at the early 13:00, placed the victim in a bend; (b) placed the victim’s body on the part of the victim who resisted the resistance; (c) detained the victim’s arms on the part of the victim; and (d) abused the victim’s arms on one-time sexual intercourse.

Accordingly, the defendant raped a juvenile who is a blood juvenile.

B. At around 17:00 on August 2013, the Defendant: (a) deemed the victim’s “one-time defect” at the victim’s room located in the above Defendant’s residence; (b) however, the victim refused to leave the room, putting the victim on the room, putting the victim’s body on the room; (c) coercing the victim’s resistance on the body of the victim; and (d) engaged in sexual intercourse once.

Accordingly, the defendant raped a juvenile who is a blood juvenile.

2. On July 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by force) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the Defendant’s residence, who was seated in his/her cell phone and was seated onto the victim’s chest, and left off his/her chest, and changed the victim’s chest as soon as possible, but the victim refused his/her refusal to do so.

Accordingly, the defendant committed indecent acts by compulsion against the victim who is a juvenile relative.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of C and E;

1. Recording notes, recording records of the statement of a victim;

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