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(영문) 의정부지방법원 2018.07.13 2018고합167
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
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

1. On January 8, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape by blood) committed sexual intercourse once with the victim D (the 24 years old), who is a deadly disabled person, in the family of the Defendant (the 703-year old), located in the Defendant’s residence located in the 703-si Office of Speaker-si (the 24-year old).

Accordingly, the defendant raped the victim by taking advantage of the mental or physical loss of relative related persons.

2. Defendant 1, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) took photographs of the victim’s sound, etc. using a Soviet mobile phone in the case of Samsung Gallon, which is owned by the Defendant, while rapeing the victim as above at the date, time, place, and place of the said paragraph.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Investigation report (including attachment of a gene appraisal report), investigation report (including attachment of an appraisal report on a cell phone for which evidence analysis is requested), and application of a reply to a request for appraisal by the Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act (a point of quasi-rape by blood) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, and a choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Punishment, etc. of Sexual Crimes with a more severe punishment (the punishment shall be aggravated for concurrent crimes by blood and marriage provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but the punishment shall be aggregated within the scope of the sum of the long-term punishment for

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 extenuating circumstances among the reasons for sentencing)

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Punishment of sexual assault crimes committed to order;

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