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(영문) 울산지방법원 2018.01.11 2017고합339
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for eight years.

For a person who has requested an attachment order, an electronic tracking device shall be attached for a period of seven years.

Reasons

Criminal facts

On August 18, 2006, a defendant and a person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (special rape) at the Busan District Court, and on October 27, 2007 and passed on December 9, 2007 during the execution of the sentence.

[2] The Defendant, at the time of springing 2016, her mother and conflict with the victim C (n, 17 years of age), had the victim C stay in Yangsan City D, 501 Dong, the Defendant’s residence from June 2016 to June 2017, and her life together. The victim E (n, 17 years of age) was the victim’s relative group C, and met with the victim C, at the same time.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) committed a crime on August 2016, when the victim C was locked at a small room of the above Defendant’s residence, he entered the above room when the victim C was locked, and went off from the victim’s tyrts and bracks, and committed a crime on his breast by his hand.

Accordingly, the Defendant committed an indecent act by taking advantage of the victim C's mental or physical loss of relatives or the state of impossibility of resistance.

2. Quasi-rape in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. In August 2016, the Defendant committed a crime of Habman on the lower end of August 2016, 2016, when the victim C was locked at around 04:00 and around 04:00, when the victim C was locked, the Defendant entered the above room, and tried to leave the victim’s half panty and panty, and inserted the victim’s sexual organ into the victim’s sexual organ with her part on the part of the ship. However, the Defendant waived the Defendant’s arms when the victim was fright back and her face.

Accordingly, the defendant loses the mind and body of relative victim C.

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