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(영문) 춘천지방법원 원주지원 2017.06.07 2017고합18
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

Defendant

In addition, the person who requested the attachment order (hereinafter referred to as the "defendant") is the part of the victim C (n, 16 years of age).

1. On February 26, 2017, the Defendant, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) included a finger in the face of the victim, who was locked by drinking at the inside of the Defendant’s residence located in Da, Won-si around 00:00 to around 08:00.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical loss of relatives or incompetence.

2. On February 26, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives), had the victim sleepd with exemption from water containing the ingredients by the strokem at the above location, and put the victim into the communication plant, which is a beverage in the stroke, with the intent to rape, and included the Defendant’s exemption from water being kept in custody.

After that, the defendant made another victim feel cres without any cres, and made the victim have sexual intercourse once with the victim who was diving.

Accordingly, the defendant raped the victim's kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor to C and E;

1. A family relation certificate or a certified copy of resident registration;

1. On-site photographs, caps of a Ff course and photographs of the scene of sexual assault;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Article 5 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of indecent act by quasi-performance of relatives), Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of rape by relatives

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.

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