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(영문) 인천지방법원 2015.09.02 2015고합388
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

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

On December 24, 2012, the defendant reported the marriage with the mother of the victim C (the woman, the age of 15) on December 24, 2012, and the victim has a kinship with the female.

On June 28, 2015, the Defendant: (a) around 19:20, at the Defendant’s residential room of Gyeyang-gu Incheon apartment 102 Dong 1203, the Defendant: (b) stated that “I would inform society of the fact, with images, I would inform the victim of the fact,” and tried to show the sarno by linking the external hard disc with the computer in which the sarno video was stored; (c) but was not connected, I am the shoulder of the victim, who was seated on the sark, was placed on the sark, and then was sarked with the victim’s chest and the sark on the sark by hand, and was sarked with the victim’s chest and the sark on the sark, with the Defendant’s chest distributed the Defendant’s chest with the Defendant’s hand, and fell with the floor together with

Although the Defendant continued to sit on the floor, and tried to rape the victim by singly cutting the victim's chests, cutting the victim's breasts, cutting the victim's panty, cutting the fingers into the victim's panty, cutting the sounds, etc., the Defendant did not commit an attempted crime while the victim was pushed the defendant's breasts with both arms and walked toward the distribution level, leaving the defendant's breasts from the defendant and walking away from the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim;

1. On-site map;

1. Investigation Report - On-site photographs, etc.; Investigation Report - Application of the Acts and subordinate statutes outside the ownership of a suspect;

1. Articles 15 and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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