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(영문) 대구지방법원 상주지원 2015.09.03 2015고합20

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal power] On April 22, 2014, the Defendant was sentenced to six months of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) and two years of suspended execution on April 30, 2014, and the judgment became final and conclusive on April 30, 2014. On October 14, 2014, the Defendant was sentenced to a fine of five million won for public performance and was appealed by the prosecution and is still pending in the appellate trial.

【Criminal Facts】

The Defendant, as the Defendant C (the 12 years of age at the time), was the victim C (the 12 years of age at the time), was the second degree of intellectual disability, did not resist the Defendant’s act, did not properly state the fact of damage to others, and did not make a proper statement about the fact of damage to others. In particular, the Defendant was willing to commit sexual intercourse and indecent act with the victim by using

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of a Minor under the age of 13), the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by compulsion of a Disabled Person), and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of a Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (indecent act by compulsion of a Disabled Person), said that the Defendant, at the home of the Defendant located on March 2012, d, 202 1401, calls the victim at the home of the Defendant and plays in the house of the Defendant. The victim, who was found at the home of the Defendant, reported him/her that he/she was taking care of him/her into the toilet of the victim in his/her hands and continued to take care

Accordingly, the defendant committed an indecent act by force against a female victim under the age of 13 who has a mental disability at the same time as the defendant was related to the defendant.

2. The date and time prescribed in paragraph (1) shall apply to the accused who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under thirteen years of age), violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and violates the Act on Special Cases concerning the Punishment,