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(영문) 서울동부지방법원 2013.09.12 2013고합173
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant has a great degree of relationship with the victim C (math, January 1994) and the third degree of relationship with the victim.

1. On February 15, 2005, at around 15:00, the stairs that were landed into a 301-dong underground parking lot of Songpa-gu Seoul Metropolitan Government D apartment apartment 301, stating that “Cambling can only be” while getting off with the victim C (the age of 11 at that time), the victim was set off, and then the victim was spared with two arms, and the victim was laid in as a direction by the victim’s drafting.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

2. On 2009, the victim sought at the victim's house located in Seoul E around the date, and then entered the victim's house in the victim's house in the victim's house using the gaps that the parent of the victim's parent of the victim's C (at that time the parent of the victim's 15 years old), "I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each legal statement of witness F, G, and H (excluding part of the statement of C with its contents);

1. Application of Acts and subordinate statutes to a report on investigation (written opinions which are legal professionals), a report on investigation, a report on investigation (related to attachment of a medical certificate), a report on investigation (report on listening to telephone statements), a report on investigation (report on submission of a certified copy of a family relation

1. Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 7(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply) (Article 42 of the former Criminal Act).

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