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(영문) 춘천지방법원 원주지원 2017.11.08 2017고합48
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간등)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[criminal record] On April 13, 2006, the defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc.) in the original state branch of the Chuncheon District Court on April 13, 2006 and the judgment became final and conclusive on April 21, 2006.

[Criminal facts] The Defendant is the friendship of the victim C (V, 25 years of age).

1. The Defendant committed an indecent act by having the victim knife with the victim C (at that time, 14 years of age) at the defendant's home located in the city of 2005 at the top of the city of 14 years of age, while showing the victim's home and panty panty to the victim, and by having the victim knife with knife with knife and knife knife knife.

2. On 205, the Defendant intending to panty panty of the victim C (at that time, 14 years old) who was divingd at the Defendant’s house located in the Defendant’s house located in Haju-si, Myeonk-si, Myeonk-si, and to inserting her sexual organ into the victim’s sound book, but did not go into the victim’s intent and did not go into the victim’s criminal intent.

Summary of Evidence

【Criminal Facts】

1. The defendant's partial statement (as to the facts No. 1 in its holding)

1. Statement made by the police against C (the record of the crime as stated in the judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the same record as the suspect);

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 7 (2) of the former Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims thereof (amended by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply), Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010; hereinafter referred to as the "Act on the Protection, etc. of Victims of Sexual Crimes"), Article 7 (2) of the Addenda to the Act on the Protection, etc. of Victims of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010).

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