logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.06.24 2016고합101
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for six years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is a father of the victim C (a family name, a woman, 15 years of age).

1. On November 2015, the Defendant, within the Defendant’s residence located in Ansan-si D and B00, at the time of Ansan-si on November 2015, 2015, tried to take the Defendant’s sexual organ out of the victim’s panty and to put the victim’s sexual organ into the victim’s panty after drinking the victim’s mind to report rape, and drinking the victim’s panty to report and rape. However, the Defendant failed to bring the victim’s sexual organ into the part of the victim’s panty.

2. On December 17, 2015, the Defendant attempted to insert the Defendant’s sexual organ into the victim’s sound book in the same manner as Paragraph 1, at the same place as around 21:00, at around 21:00, in the same manner as Paragraph 1, but the Defendant did not resist against the victim and did not commit an attempted act.

3. On March 12, 2016, the Defendant, at the same place as that of paragraph (1) of the same time, tried to drink the victim with a shower, take the victim’s mind of rape, put the victim out with her hand, and put the victim’s panty, and then put the Defendant’s sexual organ into the victim’s sound book. However, the Defendant did not resist and attempted to bring the victim’s sexual organ into the victim’s sound book.

Accordingly, the Defendant attempted to rape a victim who has been related to three times.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement contained in each video CD;

1. Application of Acts and subordinate statutes to the F of the suspect interrogation protocol for E to the prosecution, and each police statement protocol for G;

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Reduction of attempted punishment: Article 25 (2) and Article 55 (1) 3 of the Criminal Act;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [an aggravated punishment for concurrent crimes provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives)];

1. Ordered children and juveniles;

arrow