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(영문) 청주지방법원 2016.11.25 2016고합159
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the body of the victim D (the family name, the female, the age of 21) and the victim has worked in the same company as the defendant since February 2016 and has lived together in the family of the defendant in the Chungcheong E.

Around 03:00 on April 16, 2016, the Defendant returned home, and subsequently, the Defendant her wife and the victim her son her son her son her son her son her son her son her son her son her with the victim her son her son her son her son her son her son her with the victim her son her son her son her son her son her with the Defendant her her son her son her son her son her son her son her son her son her son, and the Defendant her son her son her son her son her son her with the victim her son her son her son her son her son her son her

Accordingly, the defendant raped the victim's kinship.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (alias) and F;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the same Act does not have any history of being punished for the same crime; in light of the relationship between the defendant and the victim, the victim may cause secondary damage to the victim due to disclosure; the crime of this case is not limited to multiple unspecified victims, separate from the counter-

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