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(영문) 의정부지방법원 고양지원 2013.05.10 2013고합48
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a relative by blood in the first degree of relationship with a victim C (nives, 21 years of age).

At around 22:00 on March 1, 2013, the Defendant used a kitchen 16cm in the kitchen located in the main room at the Defendant’s residence located in D Apartment 3 and 206, and made the victim and the victim get out of her house, and made the victim her frightened, “I am out of her house,” and had the victim go out of her house. On the same day, at around 23:45 on the same day, the Defendant made the victim her fright with the aforementioned intimidation before the victim’s visit. At around 23:55 on the same day, the Defendant refused this by the victim, “I am out of her house if I am out of her house is rape, I will am out of her house,” thereby inducing the victim to take out the victim’s side, and by force the victim to take out her part in her house, and by force the victim to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement to C by the police;

1. Family relation certificate (A);

1. A report on internal investigation (related to the contents of Stockholm letters);

1. Investigation report (a counter investigation of the victim's knife of the crime that has been seized);

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes of photographic pictures of criminal tools;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11162, Jan. 17, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the defendant does not have the same previous part, and his depth is divided and reflected in the crime of this case, and the fact that he was a relatively severe state at the time of committing the crime of this case, etc.);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order;

1. The defendant and his defense counsel's assertion under Article 48 (1) 1 of the Criminal Act shall be determined.

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