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(영문) 수원지방법원 안양지원 2018.09.14 2018고합70
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a victim B (the family name, the female, the age of 27) and a non-identical relationship.

On January 14, 2018, from around 04:00 to 06:00, the Defendant, at the residence of the Defendant in Ansan-gu C and D, took a family meeting, and the Defendant, who was under the influence of alcohol, entered the room under the influence of alcohol, she was under the influence of alcohol, and she was under the influence of the Defendant’s sexual intercourse by inserting the victim’s clothes that he was under the influence of drinking by creshing the cresh, leaving the victim’s clothes that he was under the influence of drinking, and she forced the Defendant’s shoulder by pushing the Defendant’s shoulder and booming the Defendant’s shoulder, even though she resisted the Defendant’s shoulder and resisted the Defendant’s bridge, she was under the influence of leaving the victim’s body and she was under the influence of the victim, and she was under sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant raped the victim who is a blood relative.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B;

1. Statement in the police statement protocol against E;

1. Each description of an investigation report (emergency length), internal investigation report (emergency collection of a victim), internal investigation report (whether or not the victim has a relationship with the victim), investigation report ( telephone conversations with the victim-friendly F), investigation report (emergency evaluation report of a victim), investigation report (the victim's condition as at the time presumed to be alcohol concentration among the blood of the victim), investigation report (the result of investigation report of a suspect oral cell evaluation); and

1. On-site photographs, the table of the results of the processing of reported cases in 112, the victim's panty photo, family relation certificate, the victim's alcohol appraisal report, each gene appraisal report, statement analysis expert opinion, and the application of video-related Acts and subordinate statutes;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

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

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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