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(영문) 광주지방법원 목포지원 2013.12.12 2013고합78
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
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.

(e).

Reasons

Punishment of the crime

The defendant is the pro-child of the victim D(M, 14 years old).

While the defendant is living separately with his wife and his father while living together with the victim who is a friendship, he had the body of the victim of the ordinary baby, had the victim taken care of his mind, and had the victim feel sexually, and had the victim take rape.

1. On December 2012, 2012, the Defendant: (a) obstructed the victim from resisting by putting the victim’s body on the body of the victim who was locked at the Defendant’s house 305 108 dong 108 at the Defendant’s house; and (b) obstructed the victim from resisting the victim by putting the victim into the victim’s clothes; and (c) exceeded the victim’s clothes and panty, and raped the victim by putting the victim out of his/her will and panty.

2. At around 02:30 on February 2, 2013, the Defendant, at the above Defendant’s house, rhythm the body of the victim, rhumd the body of the victim, rhumd the body of the victim, and slurd the body of the victim, prevented the victim from resisting, and sexual intercourse with the victim’s will and panty.

Summary of Evidence

1. Legal statement of witness F;

1. Statements corresponding thereto among prosecutor's offices and police interrogation records of the accused;

1. Recording notes;

1. An investigation report (a suspect, a record of recording in F currency), - A, F monetary recording files (ROMs);

1. Application of Acts and subordinate statutes to report on investigation (Attachment to Family Relationship Certificate for Victims);

1. Article 5(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); Article 297 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes resulting from the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) committed on or before February 2013 with heavy penalty];

1. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, and Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse);

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