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(영문) 서울남부지방법원 2013.04.05 2012고합754
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a victim C(n, 13 years of age), D (n, 8 years of age) or a victim C(n, 13 years of age).

1. Crimes against victims C;

A. Around 05:00 at the end of July 2012, the Defendant committed an indecent act against the victim by putting his/her fingers off the victim’s panty in the victim’s panty, standing next to the Kimpo-si, Kimpo-si, the residence of the victim C, and rhing him/her over, and rhing him/her over, a bridge, and rhing him/her with his/her fingers into the victim’s sexual flag, using the victim’s refusal to resist.

B. Around 01:00 on September 3, 2012, the Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-rape in relation to relatives), committed sexual intercourse with the victim by inserting the victim’s sexual organ on the part of the victim C in the above apartment building, using the victim’s state of non-performance to resist by inserting the victim’s sexual organ into the victim’s body.

2. On September 2, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Victim D (indecent act by compulsion of relatives), on or around September 2, 2012, on the part of the victim, placed the victim’s knee in a small kneel with the Defendant seated with knee in the victim’s kne, left the victim’s kne and left the victim’s kne, left the victim’s kne in a room inside the victim’s room, and committed an indecent act by force against the victim by inserting the victim’s f

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. Statement in each protocol with respect to C and D;

1. Application of Acts and subordinate statutes to investigation reports (report appended to family relation certificates);

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;

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