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(영문) 부산지방법원 2013.03.22 2012고합1162
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On October 16, 2003, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to three years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc. in relation to relatives) in the branch court of the Seoul District Court on the ground that they were released on February 28, 2006 and passed on July 12, 2006 during the execution of the sentence.

【Criminal Facts】

(2012 Gohap 1162) The Defendant, from September 2012, 2012, is a person who has a de facto marital relationship by living together with D, the mother of the victim C (the mother of 21 years of age) in return for the promise to live together with D, the mother of the victim C.

1. On November 18, 2012, the Defendant, by blood by indecent act, went through the victim’s room with the second floor of the second floor where the Defendant 401, Seo-gu, Seo-gu, Busan, had a knife the victim’s hand, who had been divingd.

The Defendant: (a) committed an indecent act by compulsion of the victim’s own mind; (b) committed an indecent act by compulsion of the victim’s chest on the victim’s chest; and (c) caused the victim’s resistance against this, and (d) forced kis; (b) her resisted against the victim, and (c) her resisted three times the victim’s knife.

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

2. The Defendant, who attempted rape by blood, had the victim engage in indecent acts by compulsion as set forth in paragraph 1, stated that “the victim shall not be able to her husband and her mother, and such her mother shall not be her husband and her mother.” The Defendant, along with the victim, got off the first floor and drinked her mother and drinked her mother.

On the same day, at around 23:15 on the same day, the Defendant again opened a door by stating that the victim was a person who had a mind to rape the victim by entering the room of the victim who was suffering from the injury, and had the victim attend the door.

The defendant is a victim who fights against the victim by pushing his door into the door, drawing up the victim into the inner part of the victim, and putting his hand into the victim.

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