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(영문) 창원지방법원 2013.05.30 2013고합23
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

(e).

Reasons

Criminal facts

The defendant is the victim C's usheshes.

1. The Defendant, around June 201, committed an indecent act by force against the victim, by holding the victim (the victim’s mother at the time, who is 13 years of age) in the crepit of attendance at the victim’s mother, in the “E” singing room D at the window at the window at the creative stage, and singing together to the victim “only once”, and by inserting the victim’s own hand in the victim’s inner part, and by holding the victim’s negative part in the victim’s sound, from around that time to around 2011, the Defendant committed an indecent act by force against the victim who was related to the victim on seven occasions, such as the victim’s negative part, etc., as shown in attached Table 1(1).

2. On November 1, 2012, the Defendant: (a) at the Defendant’s home located in Seongbuk-gu, Sungwon-si, Sungwon-si, 18:00, the Defendant told the victim (at that time, 15 years of age) at the Defendant’s home, i.e., “I would not have to do so once”; (b) made the victim’s refusal to do so, “I would have to do so”; and (c) made the victim unable to resist by putting the victim on the bed, she was sexual intercourse with the victim; and (d) she raped the victim, as described in the list of crimes (2) between around that time to December 2012, 200.

3. On January 7, 2013, at around 20:30, the Defendant: (a) entered the Defendant’s house located in Seongbuk-gu, Sungwon-si F in the room of the victim (at that time, 15 years of age); (b) sought rape by putting the victim in the room; and (c) was discovered to the mother G of the victim; and (d) did not commit attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of examination of the accused;

1. Stenographic records;

1. Application of Acts and subordinate statutes concerning full adoption relation certificate and family relation certificate;

1. Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 298 of the Criminal Act, Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the punishment of sexual crimes, etc.

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