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(영문) 인천지방법원 2014.08.13 2014고합361
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

The defendants are the children of victims C (64 years of age, women).

1. Around April 10, 2014, the Defendant: (a) discovered a victim who was divingd in the room of the victim in Seo-gu Incheon, Seo-gu, Incheon, Dolla 102 on April 10, 2014; and (b) was off the victim’s clothes, the victim was pushed the Defendant out of locking and resisting the victim’s body; (c) obstructed the victim from leaving the body above the body of the victim’s hand by putting the victim’s hand, thereby committing sexual intercourse one time after suppressing resistance.

2. From the end of April 2014, the Defendant, at the same place as Paragraph 1, around the end of April 2014, discovered the victim who was diving and was out of the victim’s clothes and attempted to commit rape, the victim was not able to take the victim’s clothes in his/her hands, sound tightly, tightly against the Defendant, and tightly resist the Defendant.

3. Around May 6, 2014, the Defendant, at around 21:30 on May 6, 2014, intended to enter the victim’s room at the same place as Paragraph (1) of Paragraph (1). However, the Defendant failed to commit an attempted crime, even though, in the course of rape, the Defendant was unable to carry out the victim’s visit with the victim, as a measure to incidental the lock locking device for visiting by using dracks, and as a measure to incidental him/her to the locking system, and attempted to drack the victim’s clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each family relation certificate and resident registration record card statutes;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the point of rape based on the relationship of relatives), and Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of attempted rape based on the relationship of relatives);

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest of the crimes.

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