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(영문) 의정부지방법원 고양지원 2013.12.20 2013고합184
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
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A defendant shall be punished by imprisonment for seven years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

On September 7, 2013, the defendant and the person subject to an application for an attachment order (hereinafter referred to as "the defendant") committed rape in the above manner nine times in total, as shown in the attached crime list, between the police officers around July 2013 and September 7, 2013, with the intent to rape the victim D (the age of 13), who is a family relative of the defendant, as a relative of the defendant, and forced the victim's clothes that "non-performance or refusal," and the victim's body was divided and failed to resist the victim's body, and sexual intercourse with the victim during the period from around July 2013 to September 7, 2013.

[Facts constituting the ground for attachment order] The Defendant is found to have committed a sexual crime on at least two occasions, and the Defendant committed a sexual crime against a person under the age of 19, and is likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Each police statement made to D and E;

1. Stenographic records, each victim video-recording CD;

1. The risk of recidivism: (a) the following circumstances acknowledged by the evidence mentioned above and the statement of the claim investigation report against the defendant, namely, ① the crime of this case committed rapes over several occasions by the defendant, and the crime of this case is very poor in light of the circumstances of the crime, the method of the crime, the content of the crime, etc.; (b) the defendant seems to have committed an indecent act against the victim from time to time before the crime of this case; (c) the application of the evaluation of recidivism risk level for the defendant against the Korean sex offender (K-SCRS) at the level of "half" (10 points); (d) the risk of recidivism is assessed at the level of "half" (15 points); and (e) the age, character, and environment of the defendant.

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