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(영문) 인천지방법원 부천지원 2018.09.07 2018고합121
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in a legal marital relationship with E, and is in a marital relationship with E, the victim F who is a woman's mother.

On October 29, 2016, at around 04:00, the Defendant: (a) was in a tent in Pyeongtaek-gun G; (b) was able to rape the victim who was diving; (c) was able to take charge of the chest with the victim’s clothes; (d) the victim’s body was frighted; and (e) the victim’s body was frightened by pushing the Defendant; and (e) the victim’s body was unfolded with the Defendant’s left part so that the victim’s right shoulder could not be divided into the victim’s right shoulder; and (e) the Defendant attempted to go out with the victim’s rash and panty kick, and inserted the Defendant’s sexual organ into the victim’s sexual organ, and did not come out; and (e) was not committed, and (e) was not committed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of photographs and forest-related Acts and subordinate statutes to the course of each H conversation;

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. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempt from an order to disclose information and an order to restrict employment, the proviso to Article 49(1), Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, the proviso to Article 50, Article 56(1) proviso [the Defendant’s age, environment, social ties, criminal records, and risk of recidivism (no record of the same type of crime)], the circumstances and details of the instant crime, the profits and preventive effects expected by an order to disclose information and an order to restrict employment, and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure of the Defendant’s personal information shall not be notified, and the order to restrict employment shall not be issued.

[Judgment]

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