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(영문) 춘천지방법원 강릉지원 2013.03.21 2012고합154
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for ten years.

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

Reasons

Criminal facts

The facts of the cause of the attachment order and the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") are prone of the victim C (the female, the age of 17).

1. Around August 2006, the Defendant committed the crime at around 12:00, on August 12, 2006, when the Defendant reported television at the time at the Defendant’s house located in Gangnam-si D (the age of 12 at that time) and took advantage of the victim’s age and his father’s age and was unable to resist against the Defendant, and inserted his sexual organ above the victim’s body into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with a female under 13 years of age by force.

2. Around March 2011, the Defendant committed an indecent act by entering the victim’s sexual organ as soon as possible, inserting the fingers into the victim’s sexual organ, and inserting his fingers into the sexual organ, which is located at the home of the Defendant’s house located in Yung-si, Yung-si, 201.

3. On August 23, 2012, the Defendant committed the crime of August 23, 2012, at around 05:00, at the same place as Paragraph (2) of Paragraph (2) of the same Article, the Defendant: (a) prevented the victim from resisting against the victim by force; (b) prevented the victim from resisting against the victim’s will; (c) exempted the victim’s inner arms; and (d) took the victim’s sexual arms toward the victim’s inner arms; and (c) was deemed to have been cut down to the victim’s inner arms, but the victim had sexual intercourse once with the victim who did not hear the horses.

4. The Defendant committed the crime of August 30, 2012: around 01:30 on August 30, 2012, 2012: (a) went off from and tried to rape the victim’s seat by entering the room in which the victim is located; (b) however, the victim resisted his/her hand against the victim’s bat; and (c) the victim bat became her part of the victim’s bat, thereby holding his/her hand over several times.

Accordingly, the defendant tried to rape the victim who is a blood relative, but attempted to commit a crime against the victim's resistance.

5. The Defendant committed the crime on September 1, 2012, as prescribed in paragraph (3), around September 1, 2012.

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