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(영문) 서울남부지방법원 2013.07.18 2012고합104
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The defendant escaped from North Korea on September 2007 and resided in Korea from around September 2007, and thereafter, the defendant came to Korea on June 2008 from North Korea as C and the victims of de facto marriage with himself and herself and her or herself.

Since the defendant, C, and the victim from June 2008 to January 201, 2012 when the victim left the house, the family relationship is formed in the defendant's residence, and the defendant is a de facto relative of the victim.

1. On July 2008, the Defendant, as seen above, tried to take the victim’s residence in the Yangcheon-gu Seoul Metropolitan Government F apartment 204 Dong 919 (hereinafter “F apartment 204-dong 14 years old”) with the victim “I would like to take a test to cut off his arms, brus, and connect him, so I would like to take the victim’s her mother’s son and her mother at a restaurant near the residence, and take the her mother’s son’s son’s son’s son’s son’s son and her son’s son’s son’s son, and want to take the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

2. A criminal defendant who has attempted to violate the Act on the Punishment of Sexual Crimes and Protection, etc. of the Victims (Rape in Relatives) shall demand the victim (the 14 years old at that time) to have sexual intercourse on July 1, 2008 and around 17:0 to 20:00 on July 2008, when one week has passed since the crime stipulated in the above paragraph (1) of the same Article, and forced the victim (the 14 years old at that time) to leave the clothes of the victim refusing to have sexual intercourse, and attempted to put the defendant's sexual organ into the part of the victim's sound, and refused it by the victim's body.

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