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(영문) 서울북부지방법원 2017.02.03 2016고합548
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

The defendant is the victim C(Wu, 31 years old)'s usheshes.

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape by blood) committed sexual intercourse once by inserting his/her new sexual organ into the victim’s negative organ, which was set aside from the Defendant’s room in Dongdaemun-gu Seoul Metropolitan Government (D 701) in 2010, by inserting his/her new sexual organ into the victim’s negative organ.

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

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-voluntary indecent act by blood) included the Defendant’s grandchildren in the victim’s negative records through the victim’s reflect, which was set aside in the same place as paragraph (1) around September 17, 2016, at around 01:00 to around 02:00.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. A statement of a response to each request for appraisal;

1. Application of the Acts and subordinate statutes to entry in the complaint;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act [Aggravation of concurrent crimes concerning the punishment, etc. of severe sexual crimes by relatives]

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse [the defendant's age;

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