A defendant shall be punished by imprisonment for not less than three years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On January 18, 2011, the Defendant married with Vietnam, and was married with those aged 2, and the victim E (the age of 58) was living with the Defendant’s family on September 2, 2014 in order to assist the fostering of her grandchildren by the mother of the said D.

1. Around November 14, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives), at the Defendant’s home room located in the Chungcheongnam-gun, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do, the Defendant took the Defendant’s her own sexual organ out to the Defendant’s her mother, and forced the Defendant to take the son’s hand into force.

Accordingly, the defendant committed an indecent act by force against the victim who is a relative of relatives.

2. Around November 15, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) committed one-time sexual intercourse with the victim, following a threat to the victim’s resistance at the home of the above Defendant, to rape the victim who was diving at a small room, to enter a small room, and to prevent the victim from being injured by one hand on the part of the victim’s ship, and to prevent the victim from being injured by one hand on the part of the victim, and to force the victim’s resistance against the victim, and to have sexual intercourse with the victim once.

Accordingly, the defendant raped the victim who is a blood relative.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Records of seizure and the list of seizure;

1. Each written appraisal;

1. Statement-recording CDs;

1. Application of a copy of marriage relation certificate and a copy of family relation certificate;

1. Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Of concurrent crimes, an aggravated punishment for concurrent crimes provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Discretionary mitigation Criminal Act;