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(영문) 전주지방법원 군산지원 2014.02.14 2013고합132
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is the father of D, who is the husband of the victim C (math 25 years old at the time), and is the father of the victim.

From the beginning of August 201 to the middle of September 2011, the Defendant, at the house of the Defendant located in the Gunsan-si E, committed rape or indecent act by compulsion of the victim.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives);

A. On August 10, 201, the Defendant: (a) around 00:0, around August 10, 201, at the Defendant’s house located in the Gunsan-si E, reported that the victim was locked; and (b) sealed the victim’s losses by putting them down against the victim’s counter part; and (c) stated that the victim was hicker “hicker.”

Then, the Defendant: (a) took advantage of the circumstances in which it is easy or active to resist the victim’s reputation when the victim’s sound leads to the failure of marriage; (b) took advantage of the circumstances in which it is difficult to resist or resist the victim’s reputation when the victim’s sound leads to the failure of marriage; and (c) prevented the victim from going back to the victim’s body, thereby suppressing the victim’s resistance; and (d) inserted the victim’s sexual organ once in the victim’s sexual organ.

Accordingly, the defendant raped the victim's kinship.

B. At around 00:00 on August 13, 201, the Defendant entered the Defendant’s house located in Sisan-si E, a small room where the victim was suffering, and entered the victim’s name at “humma (victim’s money)”, taking advantage of the circumstances such as the preceding paragraph, and prevented the victim from getting up and leaving the victim’s body, thereby suppressing the victim’s resistance, and inserted his sexual organ at one time during the victim’s sexual organ.

Accordingly, the defendant raped the victim's kinship.

C. The Defendant, around 00:00 on August 16, 201, entered the Defendant’s house located in Gunsan-si E, at a small room where the victim is suffering, and raised the victim’s name by taking advantage of the situation under the same paragraph as the above.

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