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(영문) 부산지방법원 2006.4.28.선고 2006고합86 판결
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간등)
Cases

206Gohap86 Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (relatives)

Rape, etc. by Relationship

Defendant

박 ○ ○ (xxxxXX-XXXXXXx), 무직

Residence omitted

Permanent address omitted

Defense Counsel

Attorney Dog (Law Firm Dogsung)

Imposition of Judgment

April 28, 2006

Text

1. The defendant shall be punished by imprisonment for seven years;

2. 63 days under confinement prior to the pronouncement of this judgment shall be included in the above sentence;

Reasons

Criminal History Office

The Defendant, from November 200 to △△△△△, was in a de facto marital relationship with the Defendant, and was living together with the victim of his or her female and his or her father (her mother, June 24, 1995).

1. On September 1, 200, at around 20:00 on the first day of September 2003, the Defendant’s house located in Busan ○○○-gu, reported the victim’s own desire, and made the victim’s own desire to do so. The Defendant knows the Defendant’s father with her friness and the Defendant’s age, and it is difficult for the Defendant to properly resist her age.” The victim’s “I have to know about the victim’s fryme,” and forced the victim’s chest and her sonel, thereby committing an indecent act;

2. At the same place as Paragraph 1 at the beginning of December 2003, around 23:30 on the first and right date, by reporting that the victim was locked, and making it clear that the victim was locked, and doing so, deep divings and other actions of the defendant known to her father and wife, raising the victim's clothes and cutting off panty and panty, taking advantage of the victim's state of her ability to resist and failing to resist, and inserting the Defendant's sexual organ into the part of the victim, and having sexual intercourse once with the victim;

3. A victim has sexual intercourse once with the victim by taking advantage of the victim's state of refusal to resist, such as at least 23:0,00, on the date of Apr. 2004, at the same place as in paragraph (1), and as in paragraph (2);

4. In the same place as at 23:00 on the date of August 2004, at around 23:00, with the victim’s failure to resist as described in paragraph (2), putting the victim’s clothes out and panty off, cutting off the victim’s clothes and panty, cutting off the victim’s chest and panty, cutting the victim’s finger and her finger into the part of the victim’s sound, and committing an indecent act by putting the victim’s finger into the part of

5. Indecent act against the victim by taking advantage of the victim’s state of refusal to resist, as described in paragraph (1) and at the same place as at the end of September 2004, around 23:00, and as at the time described in paragraph (4);

6. A person has sexual intercourse with the victim once by taking advantage of the victim's state of non-performance of defense, such as the victim's places in paragraph (1) at around 23:0 on the first and second date of November 2004, as described in paragraph (2);

. On 204.12. The victim's refusal to resist 23: around 00 Busan, taking advantage of the victim's condition to resist 2. At the same place as that of paragraph (4), 23: On 7.0, 205, one time taking advantage of the victim's condition to resist 2. At the same time and at the same time as paragraph (2), 7: At the same time, 0.4% on 7.4% on 7.4% on 9.4% on 205, 7% on 7: Indecent conduct with the victim's refusal to resist 2.4% on 7.4% on 7.4% on 10, 200, 74% on 7.4% on 5% on 10, 2005, 7: Indecent conduct with the victim's condition to resist, such as the victim's refusal to resist;

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's statement about Park △△△ and Park Together;

Application of Statutes

1. Article applicable to criminal facts;

(a) The first point in its ruling: Article 7(2) of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof, Article 298 of the Criminal Act;

(b) Each point listed in Decision 2, 3, 6, 8, 15, 20, 21, and 22: Article 7(3) and (1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof and Article 299 of the Criminal Act. Each point listed in Decision 4,5, 7, 9, 10, 11, 12, 13, 14, 16, 17, 18, and 19 of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof; Article 7(3) and (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof; Article 29 of the

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes with Punishment and Punishment as provided in Article 2 of the Judgment with the most severe Punishment) of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

Judges

Judges Maximum Judge of the presiding judge

Judges or higher-ranking

The full completion of judges;

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