(영문) 대전지방법원 2017.09.14 2017고합160

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(영문) 대전지방법원 2017.09.14 2017고합160

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

A defendant shall be punished by imprisonment for seven years.

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

(e).

Reasons

Criminal facts

The defendant is the relative of the victim C (math, D) and the victim E (math, F) and is the relative of the victim.

The Defendant was aware of the fact that the victims were frightened by assaulting the victims of ordinary age and their families, frequently frighting by accompanying articles, etc., and committed rape or coercion by using the fact that the victims cannot easily refuse to refuse to commit rape.

1. Crimes against victims C;

A. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a quasi-voluntary indecent act by blood) was at the house of the Defendant located in Daejeon-gu Daejeon-gu, Daejeon-gu, around 22:00 to 23:00, reported that the victim C (11) was locked by the victim, and determined that the victim was locked by the victim. In addition, the Defendant was at the house of the victim located in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, the victim’s clothes accumulated in the victim’s side and raised the victim’s clothes, boom the victim’s breasts promptly, and the victim

Accordingly, the Defendant attempted to commit an indecent act by taking advantage of the victim’s blood ties, but at the time, attempted to commit an indecent act by taking advantage of the victim’s blood ties. However, the Defendant did not have been able to resist because the victim was not locked at the time.

In a case where a court recognizes a more minor criminal facts included in the criminal facts prosecuted within the scope recognized as identical to the facts charged, if it deems that there is no concern that a substantial disadvantage to the defendant’s exercise of his/her right to defense may be inflicted upon the defendant in light of the progress of the trial, even if the indictment has not been modified, it may recognize ex officio the facts charged and facts charged different from the facts charged in the indictment. As such, it is deemed that there is no concern that the defendant may be any substantial disadvantage to the defendant as he/she has led to the confession of all the crimes in this case. Thus,

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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