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(영문) 수원지방법원 2018.08.30 2018고합209
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

From around 2008, the Defendant was in de facto marital relation, such as living together with the mother of the victim D (n, 32 years of age), and was in de facto de facto marital relation, and was in the mother E’s residence of the victim F in Suwon-gu, Suwon-si, the Defendant was de facto blicker of the victim who lives together with the victim E and the victim.

Around 07:00 on January 21, 2018, the Defendant: (a) reported that the victim was locked under the influence of alcohol; (b) was off from the clothes of other victims; (c) was frightened by the victim’s chest; (d) was frightened by the victim’s chest; and (e) was frightened by the victim’s chest, frightened by hand; and (e) the victim was frighted on the part of the victim’s body and frighted by the victim’s shoulder or body; and (e) was frightened by the victim’s resistance, such as the victim’s shoulder and frightened by the chest, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant raped the victim who is a de facto relative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of each request for appraisal-related Acts and subordinate statutes;

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

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 notify disclosure and an order to restrict employment, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being subject to criminal punishment for the same kind of crime, and the sexual crime of this case against the victim who is his/her father/child, so it is difficult to readily conclude that the Defendant is highly likely to recommit sexual crimes against unspecified women, and personal information of the Defendant and the victim.

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