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(영문) 광주지방법원 순천지원 2018.11.01 2018고합126
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is the victim C (the family name, the female, the age of 19).

On January 2018, the Defendant: (a) completed meals with the Defendant and the victim’s residence; (b) had the victim take a rest-off, and had the victim take the part of the victim’s bridge, and had the victim take the part of the victim’s bridge from several times to suppress the victim’s resistance; (c) had the victim take the chest, and (d) had the victim take the part of the victim’s chest, and (e) had the victim scam and scam his/her sexual organ in his/her hand.

Accordingly, the defendant committed an indecent act on the victim's kinship by force.

On February 20, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Blood Relatives). On February 20, 2018, at the location described in paragraph (1) of the same Article, the Defendant, who was sitting in the table by drinking the victim to rape, forced the victim to resist the resistance of the victim, forced the victim, and exempted the knick and the clothes of the knick, exempted the knick and the clothes of the knick, and added the victim’s chest as soon as possible.

Accordingly, the defendant raped the victim's kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a certificate of the disabled, a medical certificate of the disabled, and family relationship;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of rape by blood);

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment)

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.

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