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(영문) 의정부지방법원 고양지원 2015.01.23 2014고합226
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
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A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On July 2, 2014, the Defendant was sentenced to six months of imprisonment or one year of suspended execution by the Daejeon District Court on July 2, 2014, and the judgment became final and conclusive on July 10, 2014, and is still under suspended execution.

The defendant is a father of the victim C (ma, 20 years of age), who is a relative with the victim.

Around 09:10 on November 5, 2014, the Defendant went out of the Republic of Korea by all his family members, including the Defendant, the victim, and the head of the satise, etc., living together with them, and when they come to be cut to the victim, the Defendant attempted to commit rape, such as: (a) frighting the victim’s body to the body; (b) fright the victim’s body; (c) fright the victim’s body; (d) fright the victim’s body; (d) fright the victim’s body; (e) fright the victim’s body with his body and body; and (e) fright the victim’s body; (e) fright the victim’s body; (e) fright the victim’s body; and (e) fright the victim’s body; and (e) fright the victim’s body; and (e) fright the victim’s body; and (e) fright the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Domicile of the victim's residence or photograph;

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

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

2. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

4. The main sentences of Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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