(영문) 인천지방법원 부천지원 2014.09.19 2014고합39

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(영문) 인천지방법원 부천지원 2014.09.19 2014고합39

성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등

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A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On January 201, 201, the Defendant committed an act of assaulting in the name of the Defendant at the Defendant’s residence located in the Yacheon-gu, Yacheon-gu, 201, showing obscene images to the victim C (the age of 12) who is his/her native, and exceeded all the clothes of the victim, and committed an indecent act by force against the victim.

B. On October 27, 2013, the Defendant committed the crime, around October 27, 2013, 2013, putting the victim’s bridge in his/her residence above the victim’s bridge and putting him/her under the victim’s clothes into his/her clothes, and 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-rape in relation to Relatives) at around 02:00, at around 02:00, tried to leave the victim’s body locked up from the upper partitions of the second floor bed of the victim’s body and panty panty, thereby inserting the Defendant’s sexual organ into the victim’s body. However, the Defendant did not commit an attempted crime by putting the victim’s sound into the victim’s spouse by putting the victim’s sound out, thereby excluding the Defendant’s spouse.

Summary of Evidence

1. Entry of the accused in each part of the trial records first and fourth times;

1. Statement made by witnesses D in the third protocol of the trial;

1. Partial statement of witness E in the second protocol of the trial;

1. C’s statement recorded in each video recording CD;

1. Statement of the police statement of E;

1. As to the defendant and his defense counsel's assertion of family relation certificate and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape in relation to relatives) as stated in paragraph (2) of the judgment, the defendant asserts to the effect that at the time the defendant misleads the victim as the wife of the defendant and did not intend to rape the victim.

In light of the following circumstances, the victim, as seen earlier, may be admitted by the evidence, i.e., the victim.

유사 판례

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