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(영문) 수원지방법원 안양지원 2014.08.01 2014고합9 (1)
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for nine years.

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

Reasons

Punishment of the crime

From around 2000, the Defendant has continuously been rapeed by Victim D (the age of 18 to 19 at that time) who is a disabled person with a second degree of mental or physical disability as a friendship.

1. The Defendant from September 8, 2013 to September 8, 2013

9. At the defendant's house located in Sinpo-si E 103, the victim (32 years of age) left the defendant's room and left the victim's room, and the victim took his arms of the defective victim to refuse or not to take it into his room, and her sexual organ was forced to be out of the victim's spanty and panty, and rape once by inserting his sexual organ into the part of the victim's sound.

In this respect, the defendant has been raped by blood and has a mental disability.

2. At around 21:00 on November 5, 2013, the Defendant: (a) 21:00, at the home of the above Defendant; (b) putting the victim into the room of the victim; (c) putting the victim into the room of the victim; and (d) putting the victim’s arms, leading the victim of the defect in order to refuse and refuse to do so; and (c) taken off the victim’s horses and panty by forcing the victim’s sexual organ into the part of the victim; and (d) putting his sexual organ into the part of the victim for rape once.

In this respect, the defendant has been raped by blood and has a mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Examination protocol of the F by the prosecution (first time);

1. Each police suspect interrogation protocol concerning G;

1. Application of victim D's welfare card copies, family relation certificates, and field photographs-related Acts and subordinate statutes;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning the crimes, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act concerning the punishment, etc. of each sexual crime;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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