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(영문) 수원지방법원 2014.12.02 2014고합589
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

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

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

Reasons

Punishment of the crime

The defendant is the relationship between the victim C (math, 18 years of age) and the female.

On September 20, 2014, the following day from around 23:30 on the 21st day of the same month, the following day from 01:30 on September 20, 2014, the Defendant: (a) the wife, while under the influence of breathing the victim's face in the China, entered the victim's room while being boomed with the victim's cell phone, and opened the victim's cell phone-only with the victim's shoulder, booms the victim's shoulder, kid with the victim's shoulder, kids the victim's bridge, kids the victim's ki, and kis the victim's kis; (b) the victim's shoulder and face with the victim's face, and (c) the victim tried to breath the victim's face with the victim's face and the victim's resistance, but failed to bold the victim's sexual bridge by inserting it into the victim's resistance.

The victim continued to attract the victim to the inner part of the electronic sheet, divided the shoulder of the victim, suppression the resistance, and then inserted the victim's sexual organ into the victim's sexual organ, but the victim tried to buck the her sexual organ into the victim's sexual organ. However, the victim failed to commit the attempted crime because the her sexual organ was tightly bucks in the Defendant's bucks.

Accordingly, the defendant tried to rape the victim's kinship, and attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A victim's body photograph, Kakao photograph;

1. Investigation report (Attachment of family relation certificate);

1. Application of the Acts and subordinate statutes concerning video recording of victims;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Legal provisions;

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