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(영문) 창원지방법원 밀양지원 2013.11.08 2013고합32
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for eight years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Reasons

Criminal facts

The facts leading up to the attachment order [criminal facts] The defendant and the respondent for the attachment order (hereinafter the defendant) were locked together with his family in the middle section of the defendant's residence located adjacent to the defendant, and they were able to commit rape by using the defendant's superior status as his father and the victim's age.

1. At around 2:00 around A, around 206, the Defendant: (a) 2:00 a.m., the Defendant laid locked from the Defendant’s side to the Defendant; (b) divers the Defendant’s sexual organ into the part of the victim’s sexual organ by putting the Defendant out of the Defendant’s lock clothes, panty, and panty of the victim’s knives; and (c) suppressing the victim’s resistance against the other victim’s upper part; and (d) putting the Defendant’s sexual organ into the part of the victim’s knives.

2. At around 2:00 on May 28, 2013, the Defendant, like the above paragraph (1) above, laid the victim’s locked in the front side of the Defendant, and laid the victim’s locked in the upper part of the Defendant, putting the victim’s locked, putting the victim’s chest in the inner part of the victim, and kid, cutting off the victim’s panty, standing off the panty line, kiding the knife, putting the knife in the victim’s knife, and applied the victim’s knife into the knife part of the victim’s knife.

In this respect, the defendant raped the victim's kinship over two occasions.

[Judgment of the court below] The defendant committed a sexual crime against a minor under the age of 19 and is likely to recommit a sexual crime as stated in the judgment of the court below.

Summary of Evidence

1. Defendant's legal statement;

1. A stenographic record of the police statement of D;

1. Each report on investigation;

1. Family relation certificate:

1. A medical certificate;

1. The risk of recommitting the recidivism of a sexual crime and a sexual crime as indicated in the judgment: the foregoing evidence and the written investigation prior to a claim shall be recorded.

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