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(영문) 광주고등법원 (제주) 2017.10.18 2017노48
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant is the father of the victim D (V, 16 years old), who is a person with visual disability of the fourth degree of disability, who is in the third degree of relationship with the victim.

around 15:00 on September 25, 2016, the Defendant met the victim in F Park near E in Jeju, and went to the G in Jeju and 102 his residence.

At around 15:15 on the same day, the Defendant: (a) placed the victim on the floor by side of the victim who sits in the living room at the above residence; (b) lying the victim on the floor; (c) taken the body of the victim by the body of the victim himself/herself; (d) taken off the victim’s upper part and brogate by hand; (c) taken the chest promptly and forced him/her into action; and (d) the victim “I am large if I am.”

The murder case occurs.

After the phrase "No. Ra", the victim's panty and panty were exceeded, and the defendant's sexual organ was inserted into the victim's negative part.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

B. The lower court determined as follows based on the evidence adopted and examined: (a) the victim’s statement is not consistent as to whether the Defendant’s sexual organ was inserted; (b) the victim’s own sexual organ was inserted; and (c) it appears that it was difficult for the Defendant to insert the victim’s sexual organ into the victim’s sexual organ in consideration of the victim’s her sexual organ or body; (d) even if the Defendant did not inserted it, it is difficult to exclude the possibility that the victim s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s

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