(영문) 의정부지방법원 2016.12.22 2016고합474

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(영문) 의정부지방법원 2016.12.22 2016고합474

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 21:00 on June 26, 2016, the Defendant: (a) respondeded to the following: (b) at the home of the victim D (the victim’s wife, who is the Defendant’s wife located in the Hawon-gun, Gangwon-do (the age of 38) of the Defendant; (c) he was divingd on the part of the victim during the victim’s bed; and (d) he asked the victim as to why the victim would have not come to his house; and (c) he was forced to have the victim under the influence of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes; (d) the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim’s shoulder and neck on one hand; (d) the victim was forced to have the victim’s bed by force on the part of the other hand; but (e) the victim attempted to have the victim’s bed and has attempted to have the victim’s fright away.

Thus, although the defendant tried to rape the victim who is a blood relative, the victim refused to commit the rape and resisted by the victim.

2. On July 1, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) followed the fact that the victim, at his/her own house, sets the Defendant at the same place as the above “1” and turned on one chest of the victim by extending his/her hand to his/her hands.

Accordingly, the defendant committed an indecent act on the part of the victim who is a relative of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the head of a complaint, the list of 112 reported cases, field photographs (attached 12), the family relation certificate (A), the removal from the register (D), and the report of investigation (report of hearing of victims);

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes and Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Attempted mitigation of crimes under Articles 25(2) and 55(1)3 of the Criminal Act

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제5조 제1항

-성폭력범죄의 처벌 등에 관한 특례법 제5조 제2항

-성폭력범죄의 처벌 등에 관한 특례법 제15조

-형법 제25조 제2항

-형법 제55조 제1항 제3호

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