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(영문) 서울북부지방법원 2018.01.12 2017고합337
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for seven years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant, from around March 2004 to March 2017, was a person who was in de facto marital relationship with D while living together with D in the apartment house located in Seoul Special Metropolitan City, Nowon-gu, Seoul, and a person who was in de facto marital relationship with D’s wife E (V, 19 years old) is a person who was in de facto marital relationship with D’s wife E.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood) reported on March 2011 by the said victim (the age of 13 at that time) who was prepared to be placed in the inside of the said D’s residence at around 21:00 on the date, and collected losses from the victim’s inside and outside of the victim, caused the victim’s chest, and refused to be sealed by the victim by his/her hand, but continued to have caused the victim’s buckbucks.

Accordingly, the defendant committed an indecent act by force against a victim who is in a de facto relative relationship.

2. On March 18, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by Relatives) committed sexual intercourse with the victim at the place described in paragraph (1) around March 20, 2015, with the intent of having the victim rape (the age of 17 at the time) who was released from the hospital in which the victim was hospitalized by the said D, with the intent of committing rape to leave the hospital in which the child was hospitalized, with the victim who reported TV, paid cash in cash in the victim, and “the victim was taken away from the hospital,” after the victim was laid down on the floor by drawing the victim in his/her hand, forced the victim to be laid down on the floor, forced the victim’s clothes, and refused the victim to be sealed by his/her body, thereby coercing the victim’s resistance on the part of the victim, and forced the victim to do so once.

Accordingly, the defendant raped the victim who is a juvenile in a de facto relative relationship.

3. On February 9, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape by blood) was willing to rape the said victim (the age of 19 years at that time), who goes to work in the above D at the place specified in paragraph (1) at around 18:00 and goes to work in the house.

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