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(영문) 대구지방법원 김천지원 2015.06.16 2015고합40
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is a father of the victim C (math, 26 years of age) who is a relative with the victim.

At around 01:30 on November 20, 2014, the Defendant: (a) followed the Defendant’s house located in the Defendant’s house with D Apartment 202 3002 Dong 3002, to see and rape the Defendant’s children; (b) kidd the victim’s two ears with both hand, and tightly pushed the victim’s body; and (c) kid the chest of the victim’s body; (d) kid the victim’s body, flading the victim’s body; (e) flad the victim’s body; (e) flading the victim who tried to flee; (e) flad the victim’s body; (e) flading the victim’s clothes; and (e) flading the victim’s finger into the part of the victim’s sound resistance; and (e) flading it into the part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Recording records;

1. Requests for each appraisal;

1. Application of the marriage relation certificate and each family relation certificate Acts and subordinate statutes;

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. 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [No criminal record exists, and in the case of this case, where a victim is a relative with the defendant, the public perusal of disclosed information is likely to cause secondary damage in the process because the public perusal of such information could identify the identity of the victim by taking into account disclosed information of the defendant and the name of the crime of the sexual crime, etc.

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