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(영문) 인천지방법원 2014.10.08 2014고합411
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for eight years.

For a period of seven years, an electronic tracking device shall be attached to the person against whom the attachment order is requested.

Reasons

Criminal facts

In addition, the facts constituting the crime of the cause of the attachment order, the person to whom the attachment order was requested, and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") are the parents of the victim, and the victim C (the current age of 17) was produced on August 1997 without marriage with the victim's mother. After the victim's childbirth, the victim's mother and contact with the victim were found to have been living together with the parents of the defendant.

The Defendant, using the fact that it is difficult for a female victim to resist against the Defendant, who is her father, committed rape or committed indecent act by compulsion.

1. The Defendant, at around 15:00 to 16:00, attempted to find out the victim who was divingd at the house of the Defendant located in Seo-gu Incheon, Seo-gu, Incheon (the age of 15), and attempted to spande the victim’s sexual organ by spreading the victim’s half panty and panty, and sexual intercourse with the victim. However, the Defendant did not commit an attempted crime without having the intent to drive the victim’s body in the lock.

Accordingly, the defendant tried to rape the victim by taking advantage of his blood victim's state of failing to resist due to sleep.

2. On 2013, the Defendant: (a) found the victim who was divingd in the room of the victim at the home of the Defendant under Paragraph (1) of the same Article (the age of 16 at that time); (b) found the victim’s chest by hand; (c) found the victim’s chest by hand; and (d) held the victim out of the victim’s clothes; and (c) was sexual intercourse.

Accordingly, the defendant has sexual intercourse with a victim who has a blood relationship with the victim by taking advantage of the victim's state of impossibility to resist.

3. Around September 2013, the Defendant discovered a victim who was divingd in the room of the victim at home of the Defendant under paragraph (1) at night around September 2013, and placed the victim’s chest in his/her finger and finger in his/her finger.

Accordingly, the defendant is a relative by taking advantage of the victim's potential to resist.

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