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(영문) 의정부지방법원 고양지원 2015.12.18 2015고합214
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for seven 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 victim E(n, 18 years of age)'s prone.

1. On August 28, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) was found to have been aware of the fact that the victim had a sexual intercourse with a male-child and received medical treatment with a woman in childbirth at around 22:00 on August 28, 2015, the Defendant was able to extinguish the fire with the victim by leaving him/her out of the care to confirm the reason.

The defendant, who has been off from the trial room, was exempted from the trial room, and the defendant exceeded the trial room, and the victim exceeded the trial room, while dividing the conversation between the father and the woman in mountain and about the reason, the sex relationship with the male family, etc., and let the victim deviate from the trial room.

When the victim was in a situation where the defendant was placed in the house at the time, and when the victim was aware of the fact between male-gu and her father and her mother, the victim was exempted from the defendant according to the direction of the defendant, by making him/her unable to resist with psychological and mental conditions, and by making the defendant go off from the defendant's hand, with her hands off the victim's hand, and let the victim go back to the defendant's mother, and sexual intercourse once by inserting the defendant's sexual organ into the part of the victim.

Accordingly, the defendant raped the victim's kinship.

2. Around 07:30 on August 29, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion in relation to relatives), at the victim’s room located in the above Defendant’s house, she stored his/her finger in the lock clothes of the victim and bucks down the victim’s chest with the victim’s clothes.

Accordingly, the defendant committed indecent acts by compulsion against the victim's relatives.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. The statement of the victim recorded in the video CD;

1. A gene assessment report, a statement of opinion, and an analysis report;

1.Each Kakao Stockholm letter, correspondence.

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