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(영문) 서울북부지방법원 2013.05.03 2013고합84

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)

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A defendant shall be punished by imprisonment for five years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

The facts of the cause of the attachment order and the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") are the child victim C (the female, the 12 years of age) and the persons who have returned to the police.

On January 6, 2013, at around 09:00, the defendant's house located in Jung-gu Seoul Metropolitan Government D, and at the house located in the house located in Gangnam-gu, Seoul Metropolitan Government on the same day, the mother discovered a child who was unable to go into the mouth and was living in the house, and was locked by providing guidance to the defendant.

At around 10:00 on the same day, the Defendant: (a) was able to view television adult broadcasting in a ward; (b) was frightened to the victimized child who was under the care of him; and (c) did not have any means other than the Defendant and the victimized child; (d) the victimized child was 12 years old and under the care of 12 years old and less than the Defendant, and 8 years old and less than the Defendant, and was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually, with the Defendant’s home.

Accordingly, the defendant, by force, has sexual intercourse with a minor under the age of 13.

[Fact that constitutes a person who has committed a sexual crime against a person under the age of 19, and there is a need to attach an attachment order because the person is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Records of proceedings with respect to victims;

1. A victim's accusation;

1. An expert opinion of a child sexual assault case;

1. The risk of repeating a crime as indicated in the judgment: The following circumstances, namely, ① the crime of this case was committed against the victim who is merely 12 years of age by putting his hand in a negative figure or inserting his sexual flag several times, and the crime was committed in a considerable danger to the details and methods of the crime, and ② the defendant is drunk.