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(영문) 대전지방법원 2019.05.30 2018고합456
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

A defendant shall be punished by imprisonment for eight years.

For five years to the defendant, a child or juvenile-related institution, etc.

Reasons

Criminal facts

On October 17, 2003, the Seoul Central District Court sentenced the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on April 26, 2007, completed the execution of the sentence in the net prison on April 26, 2007, and on February 23, 2017, on September 15, 2017, the judgment became final and conclusive on September 15, 2017.

From August 2008, the Defendant began to live with the victim B (Inn, intellectual disability III), C (Inn, intellectual disability II) and D, while maintaining a de facto marital relationship on October 15, 2008, and was reported to the marriage on October 15, 2008, and was raising victims as the father of the victims at the time when they were living with the said D and were living together with the victims.

1. The defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, has been aware of the fact that the victims are unable to resist the sexual acts of the defendant due to the relationship with the defendant and intellectual disorder, in order to have the victim B sexual intercourse;

On March 2015, the Defendant: (a) was aware of the victim B (the 20 years of age) who was at a small room by using the crepans without any other family in Seo-gu, Seo-gu, Seo-gu, Daejeon; (b) a residence; and (c) made the victim knee and knee his knee his knife his knife on the floor; and (d) laid off the victim’s booms and clothes on the floor; and (c) inserted the Defendant’s sexual flag into the sound part of the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant entered the Daejeon Sung-gu G apartment, H, and the victim B (year 13) room in 2008, which is a summer residence, against the victim’s will.

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