성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
A defendant shall be punished by imprisonment with prison labor for twelve years.
The defendant's disclosure of information about the defendant shall be made through an information and communications network for ten years.
Criminal facts
After reporting the marriage on July 29, 197, the Defendant reported the divorce on July 29, 1997 with D, the mother of the victim C (ML, July 1997) and on August 26, 200, but has maintained the de facto marital relationship up to now, and the Defendant is a person in the third degree of matrimonial relationship with the victim.
At the time of March 2007, the defendant transferred the victim of the fourth year elementary school to the elementary school located in Gwangju metropolitan city from the elementary school located in the Jeju metropolitan city, and had the defendant live together with the victim in his house (where the mining district E is located in the Gwangju metropolitan city).
After that, on March 2008, the victim has been transferred to another elementary school and has left the office of the defendant.
1. At the bottom of May 23, 2007, the Defendant: (a) was sexual intercourse between the Defendant and the Defendant’s wife at a small room on May 23, 2007; (b) was sexual intercourse between the Defendant and the Defendant’s chest and sound at the lower room; (c) the Defendant dived the victim’s chest and sound from diving to the victim’s his finger, thereby suppressing the victim’s resistance; and (d) the Defendant suffered the victim’s “morine in the process.”
At the time, the Defendant asserts the fact that the victim suffered injury to the victim on the ground that the victim did not receive special medical treatment and that it cannot be determined whether the injury was caused by the crime.
However, in light of the victim's statement that started on January 2008, the date of the above crime, the date of the crime, and the victim's statement of opinion that only 15 years of age is observed, etc. at the time of the crime, the victim at the time was found to have suffered the injury caused by rape by the defendant.
Accordingly, the defendant suffered bodily injury by rapeing the victim.
2. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.).
가. 피고인은 2007. 5. 초순 23:00경 피고인의 집 작은방에서, 피해자(당시 9세)의 가슴을 손으로 만지고 입으로 피해자의 가슴을 빤 다음 피고인의 성기에 베이비로션을...