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(영문) 제주지방법원 2017.01.12 2016고합123
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A person shall be punished by imprisonment for a term of four years and by imprisonment for a term of two years as stated in the judgment of the defendant for a crime set forth in paragraph (1).

Reasons

Punishment of the crime

[criminal records] On February 3, 2016, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for not more than four months and one year of suspension of execution of official duties at the Jeju District Court, and the said judgment became final and conclusive on February 12, 2016.

[Criminal facts]

1. The Defendant, at around the end of 2011 from around the beginning of 2012 to around 02:00, was placed in the room room where the Defendant was living in Jeju-si, and the victim D (the age of 30 at that time) who was living together at the time, was forced to put the victim’s her part on the floor and her clothes, and her boomd while taking the Defendant’s desire to her part, was laid off on the floor, and then put the Defendant’s sexual organ into the victim’s part.

Accordingly, the defendant raped a relative related victim.

2. Around 04:00 on September 7, 2016, the Defendant attempted to rape with the victim D (n, 35 years of age) at around 04:204 on September 7, 2016, the Defendant had the victim’s face one drinking on the ground that the victim resisted the victim’s bridge that he/she tried to go beyond and deviate from the wall on two occasions, and carried the victim’s wall that he/she tried to go beyond and get out of the wall on two occasions, and “only once” means “only once,” and he/she walked the victim’s primary sprink, and met the victim’s face one time on the ground that the victim resisted with his/her buck.

Accordingly, the defendant tried to rape a relative related person, but the victim did not resist and have failed to achieve his intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A criminal investigation report (Attachment, such as a certified copy, etc. of the suspect's expulsion), a criminal investigation report (the date and time of damage under paragraph (1) of the facts charged), accompanying materials, and a criminal investigation report (to

1. 112 Reporting case handling table;

1. Relevant photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to decisions, etc. declaring the suspension of the execution of suspects), and attachment data-related Acts and subordinate statutes;

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