Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc.

Violations (Rape by Relatives), the punishment of sexual crimes, and

Violation of the Act on Protection, etc. of Victims (relative Relations);

(Indecent Act by Compulsion)

A (44years, South Korea)

Kang Jong-dae

Attorney Su-dong

September 19, 2008

A defendant shall be punished by imprisonment with prison labor for ten years. The number of days under confinement prior to the pronouncement of this judgment shall be included in the above sentence.

Criminal facts

The defendant is a personal taxi engineer.

On December 23, 1997, the Defendant resumed with the △△△△△△ on December 23, 1997, and the victim Kim 00 (n) is the child of the △△△△△△

The Defendant, from December 1996, prior to the marriage with the △△△△ in order to force the victim to enter the body of the Pianno, and to force the victim to enter the body of the Pianno, and to the effect that the victim’s sexual intercourse was forced, and that the victim continued to refuse the sexual intercourse even thereafter, “if he refuses the sexual relationship, he would have caused a disturbance to the house.” In a manner threatening the victim, the Defendant forced the victim to enter the family.

1. On March 2003, the Defendant, in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Indecent Act by force by blood in relation to relatives), told the victim (the age 21 at the time of the commission of the crime) who reported television in the dwelling space of the defendant Busan Maritime Affairs and Daegu of the Republic of Busan Maritime Affairs of the Republic of Korea of the Republic of Korea on the day of the occurrence of the accident. However, “I do not refuse to do so.................................................., the victim threatened the victim, to avoid forced sexual intercourse, the victim told the victim “I would promptly do so........”

The Defendant, as above, committed an indecent act by force against the victim by making the victim frighten by entering the Defendant’s sexual organ as soon as possible.

2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof;

A. At early July 2004, the Defendant: (a) made the victim enter the taxi in front of the workplace of the victim of Gangseo-gu Busan (the age of 23 at the time of the commission of the crime) in Gangseo-gu, Busan (the age of 23); and (b) made the victim refuse to engage in the sexual intercourse with the Defendant, the mother of the victim would bring about a problem in the family life with the △△△△△△, which is the mother of the victim; and (c) made the victim sexual intercourse once.

B. In May 2005, the Defendant demanded the victim (the age of 23 years at the time of committing the crime) to have sexual intercourse in the residence of the Busan Shipping Daegu Defendant, but the victim was frighted and refused to have sexual intercourse.

If the Defendant refused to accept the sexual relationship with the Defendant by stating that “I will know this fact, without hearing the horses, I would like to know this fact,” the Defendant, the mother of the victim, presented the same attitude to the △△△△△△△, her mother, her sexual intercourse, threatened the victim by threatening him/her, coercing him/her against his/her resistance, and sexual intercourse once with the victim. At early August 2006, the Defendant, around 01:00, went into the room of the victim (the age of 25 at the time of committing the crime) at the domicile of the Defendant in Busan, Busan, the Busan, the son of the Defendant, was sexual intercourse with the victim by threatening him/her at the victim’s body (the age of 25 at the time of committing the crime).” If the Defendant refused the sexual relationship with the Defendant, the mother of the victim, who was the mother of the △△△△△△△, by taking the same attitude toward the sexual relationship with him/her.

D. On December 1, 2007, the Defendant, at the beginning of Busan Maritime Affairs Daegu, told the victim (the age of 26 at the time of committing a crime) at the residence of the Defendant at Busan Maritime Affairs Daegu, that the victim “at the time of having committed a crime, one-time sexual intercourse is not effective. If the Defendant refuses to engage in a sexual intercourse with the Defendant, the Defendant’s mother would not have any other sexual intercourse with the Defendant, and, if the Defendant refuses to engage in a sexual intercourse with the Defendant, the victim’s mother would have a △△△△△△△△△△ in a way that the victim’s sex relationship would be widened, and led the victim to threaten the resistance thereof, and

E. In January 2008, the Defendant demanded the victim (the 26 years of age at the time of committing the crime) to have sexual intercourse at the residence of the Busan Shipping Daegu Defendant, but the victim rejected it.

In this regard, the Defendant committed assault against the victim, such as taking the victim's her bath, her booming the victim's her hand, and forced the victim to her resistance, and sexual intercourse with the victim once.

F. At around 11:00 on April 10, 2008, the Defendant demanded the victim (the 26 years of age at the time of committing the crime) who want to work at the company in the dwelling of the defendant in Busan Shipping Daegu, Busan, to enter the company, to “I am at the time of committing the crime,” and the victim rejected this.

If the defendant refuses to have sexual intercourse with the defendant by stating that "the victim must do so as to be desired by him/her, and the family is comfortable," the defendant threatened the victim with his/her resistance and led the victim to sexual intercourse once, by showing the same attitude that the mother of the victim would cause a problem in the family life with thisA.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

(a) Facts No. 1 in its holding: Article 7 (2) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and Article 298 of the Criminal Act;

(b) Each fact listed in judgment 2: Article 7 (1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof, and Article 297 of the Criminal Act;

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes with Punishment and Punishment No. 2) of the Criminal Act, Articles 38 (1) 2 and 50 (Aggravation of Concurrent Crimes with Punishment and Punishment No. 2)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

The reason for sentencing is that the defendant committed an indecent act or rape from around 1996 to around 12 years, when he was only 14 years old, when he was married to his spouse, and since around 196, he had the victim pregnant due to his sexual assault undergo a surgery of abortion, and even though he had the victim undergo a surgery of abortion, he requested the victim to sexual intercourse and continued sexual assault, the crime of this case is very bad, and the possibility of social criticism is also very high.

The victim did not notify the Defendant of sexual assault for a long time before filing the complaint, and it appears that the victim suffered mental impulse and pain appears to have been left in a superior state where it is difficult to recover through life. Accordingly, there seems to have an adverse impact on the victim’s life in the future on the victim’s life. Nevertheless, the Defendant continued to reverse his attitude by recognizing the crime by the investigative agency up to this court and denying it again, and even when committing the crime, the victim was able to have sexual intercoursed with his own front before and after 203. The victim and his family members were forced to avoid his responsibility, such as claiming that the victim had sexual intercoursed on the wind of 203. Due to these actions of the Defendant, the victim and his family members were left in this court, and did not have any other open memory, and did not testify.

Although the extent of assault and intimidation actually exercised by the Defendant at the time of each of the instant crimes is relatively somewhat somewhat weak, considering the favorable circumstances, such as the fact that the Defendant has no criminal history, and that the Defendant appears to repent of one’s own crime in this court, the Defendant is obliged to rear and protect his/her child as a correct path, and thus, it seems that the Defendant’s severe punishment is inevitable for his/her father to believe his/her father as his/her father and to take his/her father as a sexual old-age. Therefore, the sentence is determined as ordered in consideration of all the sentencing conditions indicated in the instant argument.

The presiding judge shall be the highest judge.

Judges Cho Jong-tae

Judges Yoon Jin-jin