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(영문) 광주지방법원 2018.12.07 2018고합374

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

The crimes of paragraphs 1 and 2 of the judgment of the defendant shall be punished by imprisonment with prison labor for 5 years, and the crimes of paragraph 2-b of the judgment.

Reasons

Punishment of the crime

[Criminal Records] On February 8, 2018, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were sentenced to a suspended sentence of two years for the crime of injury at the Gwangju District Court on August 8, 2018, and the said judgment became final and conclusive on February 20, 2018.

[2] The Defendant, as the father of the victim B (a family name, female, 11 years old), committed acts of similarity or rape against the victim who had a significantly weak resistance due to various abuse, such as drinking, drinking, and exercising violence against the victim from time to time, etc.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (private act committed against minors under the age of 13);

A. On December 2012, 2012, the Defendant: (a) laid off the inner clothes and inner clothes of the victim (the age six at that time) who was locked down on the floor of the Defendant’s dwelling room near Seo-gu, Gwangju; (b) laid off the Defendant’s sexual organ into the victim’s resistance; (c) laid down the victim’s sexual organ in the victim’s seat; (d) prevented the victim from resisting against the victim’s her buck with her hand; and (e) laid down the Defendant’s sexual organ on the part of the victim’s bridge; and (e) laid down the victim’s sexual organ into the port.

B. On June 1, 2017, at around 21:00, the Defendant: (a) went to the victim (at the time 10 years of age) suffering from the victim’s room within the Defendant’s residence in Gwangju-gu apartment E; (b) prevented the victim from resisting the victim’s threshold; and (c) put the Defendant’s sexual organ into the Defendant’s inner part; (d) did not go to the victim’s inner part; and (e) did not go to the Defendant’s inner part; (e) did not go to the Defendant’s sexual organ, and (e) did not go to the Defendant’s attempt without having to go to the victim, even though he did not go to the victim.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of minors under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. At around 12:00, the Defendant reported TV at the inside the Defendant’s residence located in Seo-gu apartment E, Seo-gu, Gwangju around 2016.