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(영문) 인천지방법원 부천지원 2013.05.24 2012고합454

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등

Text

A defendant shall be punished by imprisonment for twenty years.

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

Reasons

On November 30, 2004, the Defendant and the requester for an attachment order and the requester for a medical treatment and custody (hereinafter referred to as “defendant”) are a person who has been sentenced by the Seoul High Court for five years to imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Minor Rape, etc. under thirteen years of age) on the same day, and the judgment became final and conclusive on June 21, 2009.

After the Defendant divorced with C, who was married on August 20, 202, and was living together with his wife from June 21, 2009, the Defendant: (a) committed rape or similar intercourse with the victim, taking advantage of the situation in which the victim resists the Defendant in the control of the Defendant, or does not deviate from the Defendant; (b) was a mentally handicapped person with sexual intercourse, such as son’s nursing, and (c) was in need of medical treatment and custody at the medical treatment and custody facility, and is in danger of recidivism.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.)

A. On March 2010, the Defendant: (a) at the Defendant’s house located in the Defendant Kimpo-si F, reported the Victim D (V, 12 years of age); (b) laid the Victim on the part of the Defendant’s home; (c) laid the Victim on his part; (d) laid the Victim on his part; (d) laid the Victim’s abund; and (e) laid off the Victim’s body; and (e) took off the Victim’s clothes; and (e) forced the Victim’s body’s resistance,

B. On March 2010, the Defendant, at the same place as the above paragraph (a) of this Article, laid off the victim’s body, laid off the victim’s clothes, and forced the victim’s body’s resistance, and took rape once by sexual intercourse.

C. On April 2010, the Defendant, at the same place as the above paragraph (a) of this Article, laid off the victim’s clothes from the victim’s body, and forced the victim’s body’s resistance, and raped once by sexual intercourse.

The date and time of this part of the criminal facts is ‘Neman on April 2010', and the punishment of sexual crimes in force on April 15, 2010.