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(영문) 인천지방법원 2015.04.22 2015고합61
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

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

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim C (here, 20 years of age) who is a blood relative with the victim.

On December 24, 2014, around 23:50 on December 24, 2014, the Defendant, at the studio No. 12, D 12, Nam-gu, Incheon Metropolitan City, held a meeting of the victim, such as the head of the room, the head of the wife, the head of the Dong, the Dong, etc., and talk with the victim while drinking, and talking with the victim, while drinking with the corridor and talking with the victim, the Defendant was unable to find out that her was under the influence of alcohol, and was able to rape the victim by using the state of mental disorder of the victim.

On December 25, 2014, at around 00:10, the Defendant: (a) opened a studio door in the instant singing room at around 00:10, in which the victim was under the influence of alcohol and went into the corridor, and thereafter entered the her corridor in the female toilet; and (b) set the string of the victim’s bucks within the toilet section to get the buck and pans, and then put the pans into the part of the victim, but it would not be well good, and (c) put the victim into the part of the victim, and (d) put the wife and the mother of the Defendant into the part of the victim, put the victim’s clothes out of the fore part of the toilet column, and put the victim out of the fore part of the victim.

In this respect, the defendant tried to rape the victim by taking advantage of the insane condition of the victim's relatives, but did not have such intent but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against victims C;

1. Statement of each police statement of witness E and F;

1. A certified copy of resident registration (A), family relation certificate (A), marriage relation certificate (A), family relation certificate (C), and resident registration certificate (C);

1. On-site photographs, DCCTV image CDs, CCTV photographs, and victim-bagic photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site investigation and CCTV video data-related investigation);

1. Articles 15 and 5(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the Criminal Act.

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