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(영문) 인천지방법원 2018.06.22 2018고합119
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

Defendant

In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is a person in a de facto marital relationship with the victim C(n, 17 years of age) D, and a person in a marital relationship with the victim.

On February 22, 2018, at around 01:00, the defendant and the victim's residence located in Seo-gu Incheon, Seo-gu Incheon, let the victim drink alcohol by using a cresh between the victim's mother D's travel to Chungcheongnamnam, and let the victim drink the victim. The victim under the influence of alcohol, she was under the influence of alcohol, and she was under the part of the victim's room and she was under the part of the victim's clothes, and she was under the part of the victim's room and she was under the part of the victim to sleep the victim.

The victim rejected the victim's rhythm and raids the victim's body, and the victim's hythm and knife the victim's hyth of the victim's body, and the victim's hythm and hyth of the victim's body.

As a result, the injured person resisted the defendant while pushing the defendant, the defendant forced him to leave the brode of the victim's brode by force, and prevented him from resisting the damaged person, such as arguing the victim's brogate, leaving the victim's brogate, leaving the victim's brogate, and leaving the victim's sexual organ inserted the victim's brogate into the victim's brogate, but the victim tried to tightly resist the defendant while leaving the house and fled out of the house.

Accordingly, the defendant tried to rape the victim's blood, but the victim did not have the intent to escape from the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (on-site search and CCTV investigation) and reports on internal investigation (emergency arrest of suspects);

1. Application of CCTV closure photographs and Acts and subordinate statutes on the scene of crimes;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Exemption from disclosure and notification orders:

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