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(영문) 광주지방법원 2014.02.06 2013고합547
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten years;

The defendant shall order the defendant to complete a sexual assault treatment program for 200 hours.

2...

Reasons

Criminal facts

Defendant

In addition, the respondent of the attachment order(hereinafter referred to as the "defendant") is the victim C(n, D's birth)'s prone.

1. The Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-rape in Relatives) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-rape in 13 years of age, etc.) and committed sexual intercourse by putting the Defendant’s sexual organ into the part of the victim by putting the victim’s sexual organ out of the room of the Defendant located in E at night around the first night of May 201 and around the first night of May 201;

Accordingly, the defendant raped the victim who was a minor under the age of 13 by taking advantage of the victim's mental condition.

2. The Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) and the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) committed rape on two occasions as follows.

On October 18, 2013, at around 00:30 on October 18, 2013, the Defendant, at the defendant's room located on the defendant's house, left the victim (at that time 13 years of age), and had sexual intercourse by putting the victim out of clothes and putting the victim on the floor with his own sexual organ inserted into the part of the victim's sound.

B. On November 9, 2013, at around 16:30 on November 16, 2013, the Defendant, at the Defendant’s room located in the Defendant’s house, cut off the victim’s clothes (at the age of 13) with the Defendant’s room, and, at the same time, had the victim locked out of the victim’s clothes by threatening him/her to be mixed with, and threatening him/her to be mixed with, the victim’s chests, and put his/her fingers into the part of the victim’s sound, and had sexual intercourse by inserting his/her sexual organ into the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C, F, G, and H;

1. Application of Acts and subordinate statutes to certified copies of expulsion and family relation certificate;

1. Article 1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11556, Dec. 18, 2012) concerning criminal facts:

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