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(영문) 인천지방법원 부천지원 2017.03.24 2016고합296
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On December 6, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) and the Act on the Gender Maternity of Children and Juveniles (Rape) committed rape by having the victim E (the 17-year old age), who was married in his/her house, drinks together with the victim who was married in his/her house while drinking alcohol, tried to commit rape by raising the victim's mind to rape on the floor with the victim's body and suppressing the victim's resistance on his/her hand, but the victim failed to complete his/her refusal to commit rape.

Accordingly, the defendant tried to rape a juvenile who is a blood relative, but was attempted to commit such rape.

2. On December 6, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Blood Relatives) and the Act on the Gender Equality of Children and Juveniles (indecent act by blood), around 08:00, on December 6, 2015, placed the victim E-house of the victim E, who was under the influence of alcohol, on the floor of the victim E, placed the victim’s bridge that he/she is preparing to work at work on his/her hand, on his/her hand, and put the victim’s chest on several occasions and her finger on the lower part.

Accordingly, the defendant committed an indecent act by force against a juvenile who is a relative of a juvenile.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Stenographic records of E;

1. Statement made by the police with regard to F;

1. A photograph of a written closure;

1. Application of statutes governing resident registration, family relation certificate;

1. Articles 15 and 5(1) (the attempted rape by blood) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the attempted rape by blood), Articles 7(6) and 7(1) (the attempted rape by blood) of the Act on the Protection of Children against Sexual Abuse, Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of forced rape by blood), Article 7(3) of the Act on the Protection, etc. of Children against Sexual Abuse, Article 298 of the Criminal Act on the Protection of Children against Sexual Abuse;

1. Trade name;

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