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(영문) 수원지방법원 안산지원 2017.08.18 2017고합144
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In 2011, the Defendant reported the marriage following the marriage, and became a part of the victim C (V, 13 years of age).

On January 1, 2017, the Defendant: (a) retired from the office of the Defendant located in Ansan-si, Magsan-si from around 12:00 to 14:00, and (b) went to the room of the victim, who was the second grade of middle school, after completing night work; and (c) retired from the office of the Defendant at the office of the Defendant located in Ansan-si, Seosan-si; and (d) returned to the

While the Defendant was enjoying in the same beds with the victim, the Defendant began to dance with the victim's body in a way that is consistent with the victim's body, the victim's body, and the victim's body.

이에 피해자가 깜짝 놀라 ‘ 아빠 왜 이러느냐

“Along with the Defendant’s hand and the Defendant’s hand hacks with sound, the Defendant hacks the Defendant’s hand and hacks. However, the Defendant hacks the victim’s body and hacks the victim “only kicking, kicking for a short time,” and her hand off the victim’s will and panty at one time.

Accordingly, the victim, who gets off, her panty, and panty spanty, was unable to commit the crime by making the panty spanty cut.

As a result, the Defendant attempted to rape a blshel, but the Defendant did not commit an attempted crime without having the victim go through the snow and sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of police with C;

1. Statement made by the police for E;

1. Each report on internal investigation (No. 10, 13 No. 13);

1. Opinion of a statement analysis expert;

1. Application of family relation certificates and certified copies of statutes;

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the crime;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act, which is statutory mitigation;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Order to attend lectures for the protection of children and juveniles against sexual traffic;

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