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(영문) 부산지방법원 서부지원 2018.05.10 2018고합41
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Criminal facts

The defendant is the father and mother of the victim D (V, 18 years old).

On January 23, 2018, the Defendant drinked alcohol at a fluent place on a new wall, and had visited the victim’s residence in Busan Northern-gu E and Dong Dong-dong with frequent traffic at around 10:30 on the same day to report and rape.

While the Defendant was off from the victim's lower part at the same time and at the same place, the Defendant she slicked the victim with shouldered him/her, pusheded him/her into the lock, pusheded him/her into the body of the victim, forced him/her to punish him/her on his/her hand, and prevented the victim from resisting him/her on the part of the defendant's shoulder, thereby having sexual intercourse once with the victim.

Accordingly, the defendant raped the victim's blood, and thereby, damaged the victim's sexual intercourse with the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in each video CD;

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

1. Police seizure records;

1. Investigation report (victim D telephone conversations), investigation report (related to response to a request made by the National Institute of Scientific and Investigative Research for Assessment), investigation report (in relation to medical doctors' medical treatment and reporting on confirmation of results);

1. Medical records for victims of sexual assault;

1. Application of Acts and subordinate statutes governing family relations certificates to the victim;

1. Article 8 (2) and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for an organic crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (in this case, the personal information of the defendant and sexual assault against the defendant).

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