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(영문) 수원지방법원 안양지원 2018.04.20 2017고합247
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with the victim C's mother D, and is a de facto relative with the victim.

Some of the written indictment, which explains the relationship between the defendant and the victim, were amended according to the macroscop.

1. The Defendant of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape by blood) committed an act of sexual intercourse with the victim by putting his/her hand in his/her room in his/her place of residence in light of his/her name, E lending No. 107 402 and 402, with his/her own room in light of his/her name, and her hand going out to be pushed in with the victim’s ties located in the inside and outside of his/her house, with his/her hand, her hand over the victim’s hand, suppressions the victim’s resistance, and then intending to have sexual intercourse with the victim by taking the victim’s hand over his/her back his/her resistance, but the victim stopped his/her own

Accordingly, the defendant tried to rape a relative related person, but did not commit such rape and did not commit a crime.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by blood) was under the influence of a person under the influence of alcohol in his/her own room in his/her place of residence, which is 110 dong-gu, 1502 and no more than 201. The Defendant was under the influence of a person under the influence of alcohol in his/her own room, discovered the victim (she is 19 years old) and entered the victim's room, thereby putting his/her hand into the victim's panty, thereby making the victim’s sp

Accordingly, the defendant committed indecent acts by taking advantage of the victim's non-refluence status of relatives.

3. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant discovered the victim (including those aged 20) who emitted from the shower at the Defendant’s residence as stated in paragraph 2 below, and did not open the victim’s cell phone with the Defendant’s mobile phone capable of photographing dynamic image, and taken the exposed victim’s muck, buckbucks, and bridge parts.

In this respect, the defendant uses the recording function of the cell phone.

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