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(영문) 춘천지방법원 원주지원 2014.07.03 2014고합41
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for fifteen years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Criminal facts

On January 25, 2007, at the Gwangju High Court from November 25, 2005 to September 22, 2006, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to three years of imprisonment for violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) and completed the execution of the sentence on September 28, 2009.

【Criminal Facts】

The defendant is the father and father of the victim C(M, 14 years of age).

around August 2011, the Defendant, at the home of the Defendant located in Haju-si, brought about rape by reporting the victims (at the time 12 years of age).

Thus, the defendant exceeded the victim's lower panty and left the victim's body and prevented the victim from resisting against the victim's body, and then inserted the defendant's sexual organ into the victim's negative part.

In addition, the Defendant, from that time until April 6, 2014, raped the victim in the same way four times in total, as shown in the list of crimes in attached Form 12:00.

Accordingly, the defendant raped the victim with kinship.

[The Defendant’s ground for requesting an attachment order] The Defendant committed a sexual crime on at least two occasions as indicated in the above criminal facts, and committed a sexual crime against a minor under the age of 19, and in particular, is likely to recommit a sexual crime against a victim who is a friendship parent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of reference witnesses of each prosecution concerning E and F;

1. Each police statement of C;

1. Each video recording CD or recording;

1. Certificate of school attendance and family relation certificate;

1. 8 copies of the on-site photographs, and multiple copies thereof;

1. Previous records of judgment: Criminal history records, inquiry reports, and investigation reports (report on confirmation of repeated crimes);

1. The recidivism of sexual crimes as indicated in the judgment and the risk of recidivism: The statutes are recognized in light of each type of crime, frequency of crimes, and the repeated crimes of the same kind.

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