(영문) 대구지방법원 2013.05.10 2013고합55

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(영문) 대구지방법원 2013.05.10 2013고합55

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 200, the defendant had been living together with the victim in a de facto marital relationship with the mother D of the victim C (man, 19 years of age) from December 200. The victim is a shelshel of the defendant.

1. Around August 26, 2012, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken the victim’s body in his/her own residence located in Daegu North-gu, Daegu-gu, Seoul-gu, with a cell phone in the hole of the entrance and exit of the bathing room, taken approximately 28 minutes of the victim who saw, and taken the shower on nine occasions from the above date to February 11, 2013.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism, against his will.

2. Around 11:00 on February 2, 2013, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) discovered a photograph of the said victim’s male-gu and kising in the above place, and threatened the victim’s bridge three times at the steel bar with the victim’s speech that the victim did not hear the male-gu’s speech, with the victim’s entrance, with a view to provokinging three times the bridge, with a view to the male-guing relationship.

Accordingly, the Defendant heard the victim’s words that he had the same male-friendly body and diving, she exceeded the clothes of the victim, while leaving the victim out of the house, and said the victim’s body body image, showing the victim’s known body body image as above, and stated that the victim’s body image is equal, and took six copies of the victim’s body body photograph using the aforementioned mobile phone against his will, and without hearing the horses, she saw the victim’s body image and photograph on the Internet.

As above, the Defendant assaulted and threatened the victim to suppress his resistance, and let the victim satise his body.

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