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(영문) 부산지방법원 2014.12.19 2014고합655
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
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A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

From July 22, 2014, the Defendant, as the victim D (n, 28) and the victim E (n, 19 years of age), was the birth of F, who was the mother of the victim, and the victim D, from around July 22, 2014, decided to work as a food reproduction from the “Hsung Party” located in the Busan Young-gu G, Busan, where the Defendant was in the Hacheon-do Department, and had the Defendant use and reside in the “Sari-gu” as well as the Defendant.

1. Crimes against victims D;

A. On July 23, 2014, at around 02:00, the Defendant drinked alcoholic beverages with the victim and returned to a scambling hall in the vicinity of the above sexual party, and the victim, under the influence of alcohol, kis the victim, who entered the victim’s room inside the scambling hall, and kids the victim’s fingers.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's blood victim's state of non-performance.

B. On July 23, 2014, the Defendant was at the victim’s room within a private camp around the time of the invasion.

The sexual intercourse was made by inserting the sexual organ into the part of the victim's sexual organ under the influence of alcohol, such as the statement in the paragraph.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's blood victim's non-performance situation.

C. At around 02:00 on July 24, 2014, the Defendant: (a) while drinking alcohol with the victim at the kitchen located in a sand control room, the Defendant: (b) under the influence of alcohol stated, “patching to drink. Females must unfastened;” (c) met the victim’s her turb, bat, and chest; (d) continued to go back with the victim; and (e) had sexual intercourse by inserting the victim’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's blood victim's state to resist.

On July 24, 2014, the Defendant is above the Defendant’s room within private prison around the time of the invasion.

The sexual intercourse was made by inserting the sexual organ into the part of the victim's sexual organ, which was in defluence by the influence of alcohol until then.

Accordingly, the defendant is unable to resist the victim's blood.

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