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(영문) 대구지방법원 서부지원 2012.05.10 2009고합159
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof;

A. While under the influence of alcohol, the Defendant committed an indecent act by force against the victim by taking advantage of the victim’s state of resistance, such as: (a) the victim D (here, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, her son, and her son) her son’s son, her son, and her her son,

B. While under the influence of alcohol, the Defendant committed an indecent act by force against the victim by taking advantage of the victim’s state of refusal to resist, such as the Defendant’s motherF’s her mother, who was under the influence of alcohol, cut off the victim’s 11 years old at the time when he was under the influence of alcohol or lacks the ability to discern things or make decisions.

C. While under the influence of alcohol, the Defendant, at the Defendant’s house located in Daegu Seo-gu, Daegu-gu, 2006, exceeded the Defendant’s 12 years old age)’s boom and the upper part of the said victim D (the said victim’s 12 years old at the time) and committed indecent act by force against the victim by taking advantage of the victim’s failure to resist.

2. At around 16:00 on June 15, 2008, the Defendant: (a) was at a small room of the mother F of the Defendant’s mother in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the U.S.; (b) on the ground that the victim D (at that time, 14 years old) was not present at the time of the removal; (c) when the victim’s bucks failed to take part, the Defendant

Summary of Evidence

1. Legal statement of the witness D;

1. Statement of the D police officer, accusation;

1. Each investigation report (as to the attachment of photographs taken on the damaged part, preparation of a record, recording of the attachment of a diagnosis report, and hearing of H statements);

1. Each photograph, diagnosis, or notification;

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