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(영문) 인천지방법원 부천지원 2016.09.23 2016고합133
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. The Defendant committed an indecent act in violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof in around 19:00 to around 21:00, in the Defendant’s house located in Kimpo-si, Kimpo-si, 2007, with the intent of committing an indecent act against the victim D (the age of 11 or 12 at that time) who was the Defendant’s side and who was the Defendant’s side and TV who was the Defendant’s side, by inserting his hand in his clothes, committed an indecent act against the victim who was in kinship with the chest and the father.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

A. At the Defendant’s home, as indicated in paragraph 1 of 2007, the Defendant attempted to rape the victim who reported TV (at the time, 11 years of age or 12 years of age). They exceeded all the clothes of the Defendant, and attempted to capture the Defendant’s chest and her chest into the victim’s body, but the Defendant did not commit an attempted crime, even though the victim did not go through the wind that the Defendant was tightly pushed and resisting the Defendant’s chest.

B. At around 23:00, at the Defendant’s house located at around 2009, the Defendant had attempted to drink the Defendant’s wife to rape the victim (at the time, 14 years of age) with drinking alcohol and lockedly, and had her breast included her hand in his clothes on the part of the victim. However, the Defendant did not go to the wind that she was assaulted by the Defendant’s wife, even though she did not go to the lock, she did not go to that end.

Summary of Evidence

1. Statement by the defendant in court;

1. Third police statements made to D;

1. Statement made by the police for E;

1. D’s statement recorded in video recording CDs (including 5 stenographic records in the evidence list);

1. Application of statutes, such as family relation certificates;

1. Each of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010) on the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, may be changed to “Act on the Protection, etc. of Victims of Sexual Crimes” under Article 5(10 of the Addenda of the same Act.

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