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(영문) 광주지방법원 2016.12.07 2016고합276
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

The defendant is an external third village of the victim C (nive, July 201, 14 years old).

Around July 2009, the mother of the Defendant, who was the victim, was divorced from the father of the victim and the mother of the victim, was residing in Busan Metropolitan City on May 2010. The victim was living in the father of the victim and the father of the father, and the victim was living together with the Defendant from around 2014 on the ground of violence, etc. of the father. Around March 2015, the victim was enrolled in Daegu and became the mother of the victim and was living together with his father and the Defendant.

On May 28, 2016, the Defendant specified the date of the crime as “ May 25, 2016.” However, the Defendant asserted that the Defendant had sexual intercourse with the victim is “ May 28, 2016.” and that “The date first life is the date on which he/she enters the school,” and on the other hand, the victim stated that the date was the last day of the after-school classes, while the victim stated that the date was the date was the last day of the after-school classes, it was confirmed that there was no after-school classes on May 25, 2016.” The date of the crime is determined as “ May 28, 2016,” rather than “by May 25, 2016,” and therefore, the date of the crime is determined as “the date on which the Defendant had sexual intercourse with the victim,” and thus, it does not appear that the Defendant’s right of defense could be actually exercised.”

D. The victim, who was carrying a mobile phone in the ward located in the ward located in Jeonyang-gun, Jeonyang-gun, the victim's chest by inserting his finger into the victim's clothes and talking with the victim's chest, and the victim's fingers "this is the last time......... the defect is limited only once in the bandgbbbbbbbbb area", putting the victim's shoulder, hand, etc. on the ground of the victim's shoulder and hand off the victim's shoulder and panty, and put his sexual organ into the part of the victim's sound.

Accordingly, the defendant is by force.

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