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(영문) 전주지방법원 정읍지원 2020.02.05 2019고합65
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant, as a relative of the victim B (the family name, the female, and the 15 years old) who was divorced, made it difficult for the victim to rear due to her friendal illness, etc., on 2014, the defendant stated in the police and the prosecution that the victim resided together with the defendant from around 2014, and also stated in the facts charged around 2014, but the police stated that the victim and the victim E were residing together with the defendant from November 2015.

From around the point of view, the victim was brought up at the defendant's home.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives);

A. From around September 2017 to around 22:00 of the same year, the Defendant returned home from the former North Korea’s apartment and the Defendant’s house located in the former North Korea from around September 21:00 to around 22:00, with the intent of having the victim feel locked in the protection of the victim by reporting that the victim was locked in the protection of the victim, and was able to rape the victim. The Defendant went home into the protection of the victim, and went off the victim’s clothes and clothes, and then went off the victim’s body.

In a continuous fashion, the Defendant resisted against the victim by stating that the victim would not be the victim, and thereby pushed the defendant. However, the victim was raped by breaking the victim's resistance by dividing the victim into the defendant's chest and the bridge and preventing the victim from moving. After suppressing the victim's resistance, the victim's bridge was sloping with the defendant's legs and inserting the Defendant's sexual organ into the part of the victim's sound.

B. From around September 2017 to around 22:00 of the date of the crime described in the preceding paragraph, the Defendant: (a) returned home from around September 21, 2017 to around September 22:00 of the same year; (b) returned home under the influence of alcohol to a victim’s room; and (c) was able to have the victim feel her own desire to commit rape; and (d) was discharged from the Defendant’s will and clothes; and (e) the victim was her will.

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