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(영문) 창원지방법원 통영지원 2015.11.19 2015고합43
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a blood relative (the blood relative between the fourth degree) with the victim E (the age of 17).

The Defendant assaulted the victim and the victim's dynamics in the event that the dynamics of the victim and the victim are not in their own mind or are not in their own mind, and committed an assault against the victim and the victim's dynamics, and led the victim to the victim to shotly conduct an act of shoting the victim's shots, etc., and thereby put the victim into a drinking state so that it cannot refuse the request of the defendant.

From November 200 to December 12, 2009, the Defendant: (a) had the intent to rape the victim in the clothes of the victim No. 704 Dong 1201 at the time; (b) had the victim who is living together with his computer (at the time 12 years of age) “I am on the her own, I am off the victim by leaving the victim’s room; and (c) refused the victim’s “I am off, I do not want to do so, I am off”; and (d) refused the victim’s “I am off, I am off, I am off” by assaulting the Defendant at several times to “I am only,” and did not resist it by inserting the victim’s sexual organ into the part of the victim; and (d) had sexual intercourse by inserting the victim’s sexual organ.

Accordingly, the defendant raped the victim who is a minor under 13 years of kinship.

B. On May 21, 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) committed several assaults from the Defendant at around 21:00, in such places as described in paragraph (1) above, with the intent to rape the victim, who is in a state of not resisting against the foregoing reason, and put the victim (at that time 14 years of age) under the clothes of the victim into the room, and laid off the victim’s clothes, and laid off the victim’s own gender.

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