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(영문) 춘천지방법원 강릉지원 2017.04.13 2016고합79
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

The Defendant, as the victim C (V, 38 years old), was friended by her parents, was living far away from the victim about about 20 years due to her parents' divorce, etc., which led to his/her death together with the victim again from February 2016.

1. On September 13, 2016, when the Defendant, raped on September 13, 2016, 2016, performed drinking together with the victim at the inside of the residence of the Defendant located in Gangnam-si, D on September 13, 2016, the Defendant was under the influence of the victim’s clothes despite the refusal of the victim, and the victim was only under the influence of the victim’s clothes, and the victim was not aware of the fact that there are many people in a de facto relationship with the victim.

The term "the victim" means "the victim's refusal to do so, the victim's loss shall take the part of the victim's head with his/her hand, and "the death shall be discarded if he/she knows."

“Abrupted the victim’s resistance by suppressing the victim’s resistance, and the victim prompted the victim’s sexual organ, and inserted the victim’s sexual organ in the victim’s sexual organ into the victim’s sexual organ, thereby committing rape once.

Accordingly, the defendant committed rape by assaulting or threatening the victim who is a friendly female.

2. The Defendant continues rape at night on September 13, 2016. On the same day, at night, the Defendant moved the victim to 403 Mosel E located in Yeung-si at night, and the victim in the state of suppression of resistance due to other acts and assault and intimidation such as the purport of the Defendant and the above 1. Paragraph 1., the victim in the state of suppression of resistance, and the victim’s death of the escape.

“Fasting the frighten of the Defendant’s sexual organ, the victim made the victim prompt, and inserted the Defendant’s sexual organ into the victim’s sexual organ at the victim’s sexual organ, thereby re-Rapeing the victim.

Accordingly, the defendant raped the victim who is a maternal parent.

Summary of Evidence

1. The legal statement of the witness C;

1. C’s statement recorded in a victim’s video recording CD;

1. In the investigation report (Collection of Felel, Evidence, etc. and Victim's New Disease, etc.), investigation report (in the case of owners and employees' counter-investigation, etc.), investigation report (GanceS SP securing), investigation report (CCTV video reproduction report), investigation report (PS video reproduction report), investigation report (in the case of countries and appraisal results).

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