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(영문) 수원지방법원 2013.11.05 2013고합383
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The crime of the first, third and second crimes of the judgment of the defendant shall be punished by imprisonment for 5 years, and the crime of the first, second and second crimes of the judgment of the defendant.

Reasons

Criminal facts

On September 27, 2002, the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") were sentenced to four years of imprisonment for the crime of violation of the Punishment of Sexual Crimes Act and the Protection of Victims, etc. at the Suwon District Court on July 6, 2006. On January 30, 2008, the execution of the sentence was terminated. On April 16, 2008, the Suwon District Court sentenced ten months of imprisonment for the crime of violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, Etc. in the House and completed the execution of the sentence on July 21, 2008. On February 15, 2011, the execution of the sentence became final and conclusive on February 23, 2011.

【Criminal Facts】

"2013 Gohap383"

1. The Defendant committed a crime against the victim C is under the victim C’s death relationship. A.

Around August 2006, the Defendant, at around 15:00 on August 2006, she was playing at the home of the victim C (at that time, 16 years of age) located in Ssung-si around 15:00, and came to know that the victim was mixed with the house, she was able to rape the victim by taking advantage of the fact that the victim was lacking intellectual ability rather than normal ones, and that there was a usual violent tendency.

When the Defendant continuously demanded the victim to have sexual intercourse, the Defendant exceeded the victim’s clothes by forcing the victim to go off his/her clothes and forced the victim to suppress his/her resistance, and sexual intercourse with the victim once.

Accordingly, the defendant is a blood relative, and the victim was raped.

B. On May 24, 2013, the Defendant found at the house of the victim C (the age of 22 at that time) of the FF loan No. 102 around 03:05 on May 24, 2013, and confirmed that all of his family members of the victim was locked, and caused the victim to move out of the house to the G SPP car, and went to the HH middle school around the house.

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