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(영문) 인천지방법원 2016.03.16 2015고합839
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. In around May 2014, the Defendant, within 102, was sexually raped on the part of the victim, by inserting the Defendant’s sexual organ into the part of the sound of the victim, where the Defendant was in a de facto marital relationship with the Defendant’s children, she was under drinking together with the victim D (n, 25 years of age) who was in a de facto marital relationship with the Defendant.

2. On November 26, 2015, the Defendant: (a) around 21:25, 2015, while drinking alcohol together with the said victim within the building, Nam-gu, Incheon, and B01, the Defendant: (b) laid off the victim on his/her own matre lease; (c) laid off the victim’s clothes on a forced ground; and (d) inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby committing rape once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5 (1) and (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 297 of the Criminal Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravated Punishment of Concurrent Crimes (Rape by Relatives) concerning the Violation of Special Act on the Punishment, etc. of Sexual Crimes as stated in paragraph (2) of the said Article with a heavier penalty];

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, 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 [the disclosure and notification order of registered information may have a significant impact on the defendant, so it is necessary to be careful and careful. The following circumstances recognized in the record, namely, there is no criminal record other than a fine and there is no record of punishment for the same crime, and thus, there is no relatively high risk of recommitting sexual crimes against many unspecified persons.

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