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(영문) 수원지방법원 성남지원 2019.07.04 2019고합79

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The accused shall be in institutions, etc. related to children and juveniles and welfare facilities for disabled persons.

Reasons

Criminal facts

The facts of the cause of the attachment order [criminal facts] The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") married with B on June 22, 2015, and the victim C (here, 2008) is his/her husband and wife.

At around 21:00 on February 11, 2019, the Defendant, at the house of the Defendant located in Seongbuk-gu, Sungnam-gu, Sungnam-si, Sungnam-si, the Defendant, as indicated in the attached Table of Crimes, committed sexual intercourse with the victim who was under 13 years of age by force over 10 times as follows: (a) the victim was suffering from his body and became under her influence on the part of the victim; (b) the victim was her chest by entering the victim; (c) the victim was promptly her chest; and (d) the victim was found to have been under her body; and (e) the victim was not under her knife due to the victim’s injury; and (e) the victim was not under her knife and refused to do so; and (e) the victim was sexual intercourse with the victim once more than 10 times by force.

[Facts causing an attachment order] The Defendant, at the Suwon District Court on May 16, 2003, sentenced seven years to imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (special robbery, rape, etc.) and became final and conclusive. The Defendant committed a sexual crime on at least two occasions, and the commission of such crime is acknowledged, and the Defendant is likely to recommit a sexual crime against a person under the age of 19.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. C’s statement;

1. stenographic records of each victim;

1. Voluntary report on criminal conduct, investigation report (a document attached to evidence of kinship between a suspect and a victim, a certified copy or abstract of a victim, etc., a document attached to an appraisal report by the State and a flood, a document attached to the suspect's family relationship and marriage certificate

1. Monthly work experience of the suspect;

1. Previous records of judgment: Criminal records, inquiry reports, and written judgments;

1. The recidivism and risk of recidivism of a sexual crime as indicated in the judgment: In full view of the following circumstances acknowledged by the aforementioned evidence, the defendant shall have the recidivism of a sexual crime.