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(영문) 대구지방법원 2018.02.02 2017고합368
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

Defendant

In addition, the claimant for the observation order for protection (hereinafter referred to as the "defendant") is the father and father of the victim D (at the time, 30 years of age).

1. On July 18, 2016, the Defendant drinking alcohol with the victim at a cafeteria with the trade name "F" located in Daegu Suwon-gu E, Daegu-gu around 23:00 on July 18, 2016. The Defendant: (a) took the victim under the influence of alcohol into the Defendant's G Aburblur vehicle in the vicinity of the said restaurant; (b) took the victim under the influence of alcohol into the back seat; (c) put the victim under the clothes of the victim who is unable to resist under the influence of alcohol; (d) put the victim's face into the chest; and (e) ki the victim's face into the chest; and (e) kid the victim's face.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental or physical loss of relatives or the state of impossibility of resistance.

2. On July 19, 2016, the Defendant: (a) after committing the crime set forth in paragraph 1, had a substitute driver drive the said car to the front of the apartment of the victim in Daegu gu H; and (b) entered the victim’s house together with the victim; (c) from around 01:00 on July 19, 2016 to around 02:00 on the same day, the Defendant put his hand in the front of the victim’s clothes that he could not resist; and (d) inserted his finger into the sound part of the victim’s house in a state where he could not resist due to sleep.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, I and J;

1. Each police statement made to D or I;

1. Recording notes or recording notes;

1. Application of Acts and subordinate statutes governing family relations certificates;

1. Relevant Article 5(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on Criminal Crimes, Article 299 of the Criminal Act (a point of quasi-rape by blood) and sexual crimes.

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