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(영문) 전주지방법원 2014.03.27 2014고합26
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for seven years.

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

Reasons

Punishment of the crime

The defendant is the child of the victim C(M, 19 years of age).

On November 5, 2012, the Defendant, at around 20:00, committed sexual intercourse by inserting the victim’s sexual organ into the victim’s sexual organ after: (a) the Defendant, in the dwelling space of the Defendant located in the North Korean territory D; (b) the Defendant, while reporting TV with the victim, was able to see the victim on that job; (c) cutting off the victim with her hand; (d) prevented the victim from being able to resist; and (e) made the victim unable to resist; and (e) inserting the victim’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecutor to the victim;

1. Professional written opinions, records recorded or recorded, and family relation certificate;

1. Application of investigation reports (in and around sites of preparation of suspects and attaching them to field reports);

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18,

1. Where the registration of personal information of this case under Articles 37(1)1 and 41(1)1 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) becomes final and conclusive for a conviction on the instant criminal facts, the Defendant is obligated to submit personal information to the competent authority pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012) and Article 43(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012).

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment for not less than seven years nor more than thirty years; and

2. The sentencing criteria shall be set.

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