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(영문) 춘천지방법원 원주지원 2012.12.06 2012고합183
성폭력범죄의처벌등에관한특례법위반(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 defendant is a person who is a relative of the victim with the father of the victim (here, 14 years of age).

1. Around 06:00 on September 21, 2012, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives), committed rape by attracting the victim to commit rape on one occasion after having taken a frighten in the house of the Defendant, located inside and outside of the jurisdiction of the Gangseo-gun Armed Forces, while going to a ward, and having frightened the victim to a sofarc, who is a relative, sittinged in a sofarc, going to a sofarc, who was sexual intercourse.

In addition, the Defendant raped the victim, who is the father of his relative, in addition to this, as described in the attached Table 1, on six occasions.

2. Around September 22, 2012, the Defendant: (a) committed an indecent act by force against a victim, who is his/her father, reporting TV at the Defendant’s home, on September 22, 2012; (b) committed an indecent act by force against the victim, by deceiving the victim’s chest and fluor with the victim’s hand; and (c) committed an indecent act by force.

In addition, the Defendant committed an indecent act on two occasions by force against the victim, who is the father and wife of the Defendant, as stated in the attached list 2 of the days of crime.

[Fact that constitutes a ground for an attachment order] The Defendant is likely to recommit a sexual crime against a person under the age of 16.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs for the victim;

1. The risk of repeating a crime as indicated in the judgment: The following circumstances recognized by each of the above evidence and a written investigation before the claim are met, namely, the Defendant has continuously committed sexual crimes that are difficult to be socially acceptable, such as rape or indecent act by force, etc. over one year by having a victim who is 14 years of age as his/her father and wife, and taking into account the motive and circumstance leading up to the crime of each sexual crime as indicated in the judgment, the Defendant’s age, awareness and attitude of sex, etc.

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