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(영문) 서울중앙지방법원 2015.07.24 2015고합94
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강간)등
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1. The punishment of the accused shall be determined by 15 years;

2. A sexual assault treatment program for 120 hours against the accused.

Reasons

Punishment of the crime

1. On February 2, 2005, the Defendant, at the residence of the defendant of Yangcheon-gu Seoul apartment, off the clothes of the victim D (inn, 14 years of age) who is his/her dependent, was off from the clothes of other victims, and had sexual intercourse once with the victim.

As a result, the defendant, as a relative of the victim, has sexual intercourse with the victim by taking advantage of the victim's mind that the victim is in a state of mental or physical disability.

2. On September 2005, the Defendant left the clothes of other victims, and tried to engage in sexual intercourse by taking advantage of the victim’s state of mental or physical disorder or of the victim’s state of failing to resist, while the Defendant tried to do so in the middle of his residence. However, the Defendant did not go against the wind of resistance by the victim, such as pressing the Defendant in a state of mental or physical disorder or failing to resist.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. Statement by the prosecution concerning victims D;

1. Each police statement of the E, G, and F;

1. Application for carbon of the victim on March 3, 2015, and application for carbon of the victim on June 3, 2015;

1. Each investigation report (limited to a written confirmation of counseling of the victim, and the psychological state of the victim);

1. Reporting internal investigation (the details of identity of the suspected victim), family relation certificate, resident registration copy, and application of the Acts and subordinate statutes to the scene of the crime committed by the victim, and counseling certificate;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply), Article 7(3) and (1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter the same shall apply) (amended by Act No. 10261, Apr. 15, 2010; hereinafter the same shall apply) and Article 7(3) and (1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection of Victims Thereof.

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