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(영문) 전주지방법원 2014.12.18 2014고합214
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

1. On July 26, 2014, the Defendant: (a) on July 26, 2014, the Defendant: (b) placed a fluened victim D (here, 17 years of age) who was divingd in the inner room of his/her residence located in Seojin-gu, Seojin-gu, and 2; (c) placed his/her chest in front of the victim’s her clothes in front; (d) laid down the victim’s legs in front of the victim’s clothes; and (e) placed the victim’s clothes into the victim’s clothes; and (e) placed the victim’s clothes in front of the victim’s clothes; and (e) had sexual intercourse by taking advantage of the victim’s mental disorder or the state of non-performance or non-performance of the victim’s sexual organ

2. From around 00:50 on August 24, 2014 to around 02:53, the Defendant had sexual intercourse by taking advantage of the victim’s non-defluence or non-confluence in the condition of the victim’s kinship, where the Defendant she was divingd between the victim’s legs, and she was seated with the victim’s clothes above the victim’s clothes. The Defendant she was sexual intercourse by taking advantage of the victim’s non-defluence or non-confluence, which was the victim’s sexual organ inserted into the victim’

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of the Acts and subordinate statutes governing prosecution and transmission;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act, Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the crimes;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Act on the Protection of Children and Juveniles against Sexual Abuse with more severe punishment);

1. Selection of the sentence: Provided, That the lowest sentence of imprisonment shall be subject to the punishment determined by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to quasi-rape in relation to relatives);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Children or juveniles exempt from an order of disclosure and notification;

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