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(영문) 창원지방법원 마산지원 2016.09.07 2016고합16

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

A defendant shall be punished by imprisonment for ten years.

The seized adult products (e.g., vibration 1) shall be confiscated.

Reasons

Punishment of the crime

The Defendant: (a) was a person operating “D U.S.S.” in Hanam-gun C; (b) committed rape by taking advantage of the fact that the Defendant’s father G(F) of the Victim E (F) who was the sixth-year student of an elementary school residing in the same N.S., was unable to use water sufficient due to traffic accidents; and (c) the mother H (V, 36 years of age) was a Grade 3 of intellectual disability and was incapable of looking at the victim with interest.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13) brought the victim to the above Down Station operated by the Defendant after birth of the victim, who was seated in the front of the house of the victim E (the age of 12 at that time) located in Haan-gun, Hanan-gun, Gyeongnam-gun, around 17:00 on September 17, 2013.

The Defendant, up to the time of the above lusium, set fats on the floor of the victim, fats down on the floor, fats, and, even though the victim refused to take the Defendant’s hand by fating the lusium, the victim was forced to take the lusium, the victim was forced to take the lusium, and the victim was forced to take the lusium, and the victim was forced to take the lusium, and the victim was prevented from resisting the lusium by taking the lusium of the victim, and the victim was forced to take the lusium by other hand, and had sexual intercourse once with the victim.

Accordingly, the defendant raped the victim who is a minor under the age of 13.

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

A. The Defendant, at the end of November 2015, intrudes the victim’s residence with a mind to rape, and went off the victim in an inner room and panty, laid off the victim’s kisium and panty in a compulsory manner, prevented the victim from resisting, put the victim’s self-defense gear (e.g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g