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(영문) 대전지방법원 2018.12.06 2018고합365
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested the attachment order (hereinafter referred to as the "defendant") is the father of the victim B (n, 16 years of age).

At around 06:00 on July 26, 2018, the Defendant kept home with the mother of the victim of ordinary peace, visited the residence of the victim in Daejeon Jung-gu C Housing D due to the acceptance of the mobile phone used by the Defendant, and when the mother of the victim goes to work at around 10:00 on the same day and comes to fall short of the victim, the Defendant was able to rape the victim by advertising it.

The Defendant, while she was out of his clothes, was trying to be out of the victim’s her will after the victim was saved, coming out of the room in which the victim was locked, and was trying to be out of the victim’s saves, the victim fright back to the defendant, and put the victim’s save, and “I am out of the victim’s saves,” and tried to get out of the victim’s saves.

In addition, the defendant added his hand to the victim's upper part of the damaged person, and the injured person saw the victim's hand to the victim's hand, and said that "one-time defect" was "the victim's hand."

Therefore, the victim does not refuse to do so.

The Defendant, “,” and the Defendant, who reads the Defendant, tried to get out of the victim’s breath by cutting down the victim’s breath by hand, and failed to bring out the victim’s breath by making the victim’s breath, sound, and so on.

Accordingly, the defendant attempted to rape a relative related person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of the police statement protocol law to B

1. Articles 15 and 5 (1) 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 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse;

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