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(영문) 춘천지방법원 영월지원 2016.08.18 2016고합24
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C (nive, 23 years of age, 10 years of age, 20 years of age)-safin relationship.

On April 2, 2016, at around 04:30 on April 2, 2016, the Defendant, at the mother house of the Defendant located in Gangwon-do Haak-gun D, was frighting back to the side of the victim who was locked by drinking alcohol and diving in the room, was frighting back to the victim’s name, exceeded the victim’s will and clothes, and stored the Defendant’s finger in the part of the victim’s finger.

The defendant's act stated above that the victim resisted the body of the victim by shouldering and resisting the body of the victim, and the victim stated "I see", and tried to see the victim's her mar in the direction of the defendant, and put the victim's sexual organ into the victim's sexual organ, but the victim attempted to put the victim's sexual organ into the victim's sexual organ. However, the victim was plucked by plucking and plucking the victim's finger.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

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

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no record exists on the accused who has been punished as a sexual crime) (the fact that the accused has no record of being punished as a sexual crime, and the circumstance that the crime was committed in this case or the record reveals that the accused has a habitle to, or

It is difficult to conclude, and other profits expected by an order of disclosure or notification.

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