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(영문) 창원지방법원 통영지원 2013.11.14 2013고합45

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

Text

A defendant shall be punished by imprisonment for seven years.

disclosure and notification of information on the accused for 10 years.

except as disclosed.

Reasons

Criminal facts

【Criminal Facts】 The Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) are living in the same house as the victim C, and the victim C.

1. From May 16:00 to May 17:00 of the same day, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape in relation to relatives) and the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape in relation to relatives) and the Act on the Punishment of Sexual Crimes and the Protection, etc. of Victims (Rape in relation to relatives), the Defendant was able to commit rape in the Defendant’s place of residence within the Defendant’s place of residence in Do, 17:00 on May 1, 2008, and 17:00 on the same day, and the Defendant was fluencing with the victim’

The Defendant told the victim, who seeed TV with a right angled, that he exceeded the lower limit, and the victim resisted against this, that “F and G (victim’s private village) would be good; hereinafter, the Defendant said that the victim would at any time at any time be forced to have the victim go against it.”

The Defendant continued to resist the victim, knee, divided both arms of the victim into knee-free, forced to suppress one's resistance, exceeded the victim's lower side, and inserted the Defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with a victim under 13 years of age who was related to relatives, and rape.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. From May 00, 2012 to 03:00 on the same day, the Defendant committed an indecent act against the victim during the place specified in paragraph (1), between the victim C (at the time, 16 years old), E, and Defendant’s mother H, with the victim C (at the time, 16 years old), E, and her mother H.

The Defendant viewed the motion picture run by TV in front of the victim, and frightened the Defendant’s sexual organ by hand, and frightened the Defendant’s sexual organ by hand, and frightened the chest on the clothes of the victim who was divingd by others.

In this respect, the defendant uses the state of the victim's mental disorder.