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(영문) 광주지방법원 순천지원 2015.10.22 2015고합132
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

A defendant shall be punished by imprisonment for four years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

The defendant is a relative with the victim on June 9, 2014, who is a relative of the victim D (son, 21 years of age).

On July 7, 2015, at around 06:00, the Defendant went to work at the office of the victim of the F apartment, who was divingd at the family of the F apartment, and came to be cut off with the victim at the home, and was off with the victim, the Defendant exceeded the panty in the dwelling room, went out of the panty only, and kiddds the victim’s self, and kidddd from the chest, and met with the chest and the chest.

Therefore, when the victim gets salved with the victim's voice, and salves the defendant, the defendant salved with his hand, and the defendant salved with his hand, and salved with the victim's sexual organ inserted the victim's sexual organ into the part of the victim's sexual organ. "I am alves, I am alves, I am alves, I am am alves. if I am alves, I am am alves off."

Accordingly, the defendant raped the victim's kinship, and caused the victim to suffer injury, such as the injury of the family head, which requires a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Two copies of a medical certificate;

1. Application of the Acts and subordinate statutes to the suspect family relation certificate register and victim removed copies;

1. Relevant Articles 8 (2) and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of Imprisonment and imprisonment for a limited term concerning criminal facts;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. There is no previous record of a sex offense before the instant case against the Defendant exempted from the disclosure order and notification order, and where the Defendant and the victim are in kinship with the Defendant, the general public inspecting the disclosed information may identify who is the victim by taking into account the information about the Defendant and the name of the sexual crime.

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