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(영문) 서울북부지방법원 2012.12.28 2012고합577
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. At around 00:00 on August 2010, the Defendant: (a) was sexual intercourse with the Defendant’s home located in Jung-gu Seoul, Jung-gu, Seoul; (b) was placed on the body of the Defendant’s second son D (the age of 17) who was under his/her influence and was his/her own sleep, she was frighted of the Victim’s name; (c) was cut off with his/her chest and panty; (d) was cut off with his/her chest and panty; (e) took off the Defendant’s shoulder; and (e) took off the victim’s shoulder who was sexual intercourse with him/her at his/her hand; and (e) took off the victim’s shoulder who was under his/her influence; and (e)

2. From around 22:00 on the spring spring spring spring spring spring spring spring spring spring spring spring spring 201, the Defendant: (a) placed the victim, who was sending a Handphone text message on the floor and refused to take a Handphone text message on the floor at the right angle, was divided the victim into his hand; (b) detained the victim, who was out of panpanty, was sexual intercourse, and was raped with the victim, who was a child or juvenile, at the same time.

3. On 200:00, at the bottom of the above Defendant’s office, the Defendant: (a) was sexually sexually related to the Defendant on 2011, at around 00:00, the Defendant: (b) was sexually related to the Defendant; (c) was sexually related to the Defendant; (d) was sexually related to the Defendant’s body of the said victim, who was under his/her influence; (e) took up the Victim’s name; and (e) was fright up the chest and panty; and (e) was divided into his/her panty; and (e) took off the Victim’s shoulder and panty; and (e) took off

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 5(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions on criminal facts, Article 297 of the Criminal Act [the charge of rape based on the relation of relatives: Provided, That the maximum punishment on the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in the relation of relatives) at the time of and on August 2010 shall be applicable to the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply

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