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(영문) 청주지방법원 충주지원 2019.01.31 2018고합79
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for ten years.

The information on the accused shall be disclosed and notified for five years.

Reasons

Punishment of the crime

[criminal record] On May 16, 2013, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) sentenced the Daejeon High Court to a four-year sentence of imprisonment for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (thief, etc.) and completed the execution of the sentence on September 6, 2016.

【Criminal Facts】

The defendant is the father of the victim B (V, 12 years of age).

After having been released from the Public Medical Treatment and Custody Office on January 12, 2018, the Defendant took the victim living in “C”, a child protection facility, into D Apartment E, the Defendant’s residence. On October 21, 2018, the Defendant forced the victim to take the victim’s hand, who was locked with the new wall around October 21, 2018, and forced the victim to take the victim’s hand into the Defendant’s sexual flag, and forced the victim to take the victim’s breath because the victim did not want to take part in the body, and inserted the victim’s sexual organ into the victim’s resistance, and forced the victim to have sexual intercourse.

As a result, the defendant raped a minor under 13 years of age who is a relative of relatives.

[Ground of the Defendant’s request for attachment order] The Defendant’s sexual assault crime against a child under 13 years of age, who was sentenced to imprisonment with prison labor for a sexual assault crime committed against him/her, was found to have committed a sexual assault crime against him/her again under 13 years of age. In light of the above method and circumstances of the crime, and the Defendant’s tendency, the risk of recidivism is very high.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of resident registration, family relation certificate, stenographic record of victim's statement and statement analysis expert opinion;

1. Previous convictions indicated in the judgment: Results of the search of prisoners, etc., investigation reports (Attachment of documents related to electronic launchs), criminal records, reply reports on criminal records, etc. (A), and investigation reports (prior criminal records and attachment of criminal records of the same kind);

1. Risk of recidivism: The following circumstances, i.e., the defendant, which are acknowledged to have been comprehensively recorded in each of the above evidence and each of the statements in the response to the request of the Cheongju Probation Office prior to the request:

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