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(영문) 춘천지방법원 강릉지원 2015.08.06 2015고합45
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of five years.

A sexual assault treatment program for 40 hours against the defendant.

Reasons

Punishment of the crime

The defendant is living in the same house (hereinafter referred to as "house") as the victim C (nives, 20 years of age, 3 years of age of intellectual disability) and the victim D (nives, 17 years of age).

1. From July to August 2014, around the night, the Defendant: (a) dived the victim (at the time 19 years of age) who dived himself/herself in his/her house located in Gangnam-si E and took away in his/her room; (b) she dived him/her with his/her will and panty; and (c) forced him/her to have his/her sexual organ inserted into the part of the victim’s sound, thereby committing rape once.

2. The relative crime against victims D;

A. In 2012, the Defendant: (a) was a victim who was divingd in the alley room around the 2012 S.m. (at that time, 13 years of age or 14 years of age); and (b) was able to have the victim’s breast and panty by placing his hand in the victim’s clothes; and (c) forced the victim’s panty and panty by inserting his sexual organ into the part of the victim’s panty; and (d) was raped once by inserting the victim’s panty.

B. The Defendant committed an indecent act by force against the victim, who was a relative of the victim, by reporting the victim, who was divingd in his house room around P.M. in 2012 (the age of 14 years at that time), shotly sing the victim’s clothes, inserting his hand into the victim’s clothes, and drinking the victim’s chest.

Summary of Evidence

1. Defendant's legal statement;

1. The recorded CDs made by each victim against C and D;

1. Response to the request for appraisal;

1. A copy of the victim's day-book;

1. Family relation certificate and resident registration card;

1. Certificates of persons with disabilities and determination of disability ratings;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault case, and a letter of prosecution (a statement of psychological evaluation of victim D);

1. Article 5(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the charge of rape against the victim C), Article 5(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 297 of the Criminal Act, and Article 297 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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