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(영문) 서울서부지방법원 2016.12.22 2016고합19
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in the relationship of marriage in the third degree with the mother's father of the victim D (V, 50 years of age).

At around 19:00 on May 16, 2015, the Defendant: (a) had the husband of the victim and the victim; (b) had the wife of the victim and the victim; (c) had the wife of the victim and the victim; (d) had the wife of the defendant in the Go Chang-gun of North Korea on the same day; and (e) had the principal of the lawsuit moved to the office of the defendant in the Go Chang-gun of North Korea on the same day; and (e) had the victim set away from the inside and outside of the house, respectively, at the small room inside the inside of the house.

On the 17th of the same month, at around 06:00, the Defendant got diving from the small room of the Defendant’s house to the inner room, and had the mast victim, while under the influence of alcohol, had the victim feel locked alone to have sexual intercourse with the victim, regardless of whether he was able to do so on the floor.

피고인은 안방에서 피해자의 바지와 팬티를 벗긴 후 피해자의 성기에 입을 대고 혀로 핥으면서 빨고, 손으로 피해자의 상의와 브래지어를 위로 걷어 올려 가슴을 주무르고, 그녀의 위에 올라타 입으로 가슴을 빨면서 피고인의 하의를 벗고 성기를 피해자의 음부에 대면서 성기를 삽입하려 하였으나, 피고인의 성기가 제대로 발기되지 아니하여 삽입하지 못하였다.

At that time, the victim's his or her wife friend from the sound that the victim friends the victim, and the victim friends the face of the defendant, and friends the victim's face into the front room of the sounder.

As a result, the Defendant attempted to have sexual intercourse with the victim by taking advantage of the victim who was within the fourth degree of kinship and was unable to resist, but did not have a proper development, and the victim did not have a sound from diving and did not have such intention but failed to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution of D;

1. Certified copy of the register and family relation certificate;

1. The investigation report (the confirmation of the details of currency), investigation report (the relative investigation of the victim's daughters) and investigation report shall be made;

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