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(영문) 대구지방법원 서부지원 2012.11.29 2012고합393
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around 23:00 on June 20, 2009, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendants") entered the victim D, who is friendly in the Daegu-gu C apartment, Daegu-gu, where she was under the victim D (the 13 years of age at the time) with his/her own chest and sound as his/her finger and her hands out of the victim's bar and clothes, and she went out of the victim's bar and clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of non-psychability.

2. Around 03:00 on March 3, 2012, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. in Connection with Relatives), was drunk at the above place under paragraph (1) and was diving in the room of the victim D (the age of 16), who was living together with her mother and sexual organ, and got the victim to have her sexual organ grow with her fingers during the victim’s sexual organ.

Accordingly, the defendant committed indecent act by force by taking advantage of the state of influence of the victim's kinship.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each investigation report (with regard to attachment of records, investigations into hospitals related to abortion surgery for victims, and the date and time of pregnancy of victims);

1. Application of Acts and subordinate statutes to the family relation certificate and medical opinion;

1. The point of quasi-rape under the pertinent legal provisions on criminal facts: The relationship between relatives is based on Article 4 of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 7(3) and (1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010); Articles 29 and 297 of the Criminal Act (Provided, That the upper limit is determined by Article 1(1) of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010).

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