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(영문) 서울남부지방법원 2019.05.31 2019고합89
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has de facto kinship with the victim C, who was in a de facto marital relationship from around 2015, who was the father of the victim B (here, 18 years of age) and was in a de facto marital relationship with the victim.

around 02:00 on October 10, 2018, the Defendant reported the victim who was divingd in the Geumcheon-gu Seoul Metropolitan Government D Building, and the small room of the Defendant in heading E, and tried to rape the victim.

The defendant, who is suffering from his own panty and panty, was frightened by the victim's body, was frightened by the victim's panty, was exempted from panty, and was frightened by the victim's chest, was frightened by the victim's chest, and tried to have sexual intercourse with the victim as soon as the victim's sexual organ was frightened by the defendant's hand, and tried to have sexual intercourse with the victim's body as soon as possible with the victim's sexual organ was frighten by causing the victim's body to play. However, the defendant did not intend to have sexual intercourse with the victim.

Accordingly, the Defendant attempted to rape the victim by taking advantage of the insane condition of relatives of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant is also guilty of having no record of criminal punishment for sexual crimes, the registration of personal information of the defendant, and taking lectures in the treatment of sexual assault against him/her, under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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