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(영문) 서울중앙지방법원 2018.11.02 2018고합719
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a relative-related person due to the victim B (n't, 24 years of age)'s friendly ties.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by relatives);

A. The Defendant, around July 2016, committed an indecent act against the victim, who was drunk and returned home at the Defendant’s house located in the Dongjak-gu Seoul Metropolitan Government building and the second floor of the Defendant (the age of 22 at that time), laid off the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her hered

B. Around April 2017, the Defendant committed an indecent act against the victim who was in a state of mental or physical loss or resistance by putting the victim home in a boomed by drinking at the building of Dongjak-gu Seoul Metropolitan Government and the Defendant’s house located in subparagraph E and putting the victim home on the bed, putting the victim on the bed, putting him on the bed, and inserting his hand in a negative part.

2. On July 1, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape by blood) committed sexual intercourse with the victim who was in a state of mental or physical loss or resistance by inserting his/her sexual organ into his/her own panty, booming the victim home in a place set forth in the above 1-B (B), leaving him/her under the influence of alcohol, leaving him/her on his/her her panty, leaving him/her on his/her panty, leaving him/her on his/her panty of the victim, leaving him/her on his/her panty of the victim, and leaving him/her on

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. The application of one copy of the written response to a request for appraisal and the written appraisal; and

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act, Article 5 (3) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 29 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.

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