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(영문) 광주지방법원 목포지원 2015.11.12 2015고합135
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
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A defendant shall be punished by imprisonment for eight 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 the friendship of the victim C (math, 16 years of age), and the victim was willing to commit an indecent act and rape by using that he/she did not resist himself/herself, his/her father.

1. From June to July 2011, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) exceeded the victim's will by reporting the victim's desire to report to his/her will and raising his/her clothes to the victim's chest around the age of 12.

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

2. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) committed, around March 17, 2015, six times in total from the time when he/she had sexual intercourse, etc. with the victim’s sexual organ rapidly, inserted his/her sexual organ into the part of the victim, and inserted his/her own sexual organ into the part of the victim on July 17, 2015, by inducing the victim’s desire to report the victim at the age of 13 (the age of 13).

Accordingly, the Defendant raped the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (to attach recording and recording records);

1. Application of Acts and subordinate statutes on resident registration cards;

1. Article 5(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), Article 299 of the Criminal Act, Article 5(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (amended by Act No. 1156, Mar. 5, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”), and Article 5 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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