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(영문) 대구지방법원 2015.06.05 2014고합702

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall order the completion of the sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

The defendant is the victim C(12 years of age)'s friendly fault.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an minor, deceptive scheme, etc.);

A. The Defendant, at the home room located in the Daegu Northern-gu Seoul Northern apartment heading around 11 p.m. (at that time, 11 years old) around the nearest 2013, showed a fake card that the Defendant had a mind to have sexual intercourse with the victim, and that the victim’s chest was not made up of the victim’s appearance. However, the Defendant neglected this and exceeded the victim’s clothes and pantys, and had sexual intercourse once with the victim.

B. The Defendant above A.

Around the same day of the same day as the above, the victim (at that time, 11 years old) and the two at the ward of the above victim had sexual intercourse with the victim at the ward of the victim's home, she was out of the victim's will and panty, and her body was removed from the victim's body by putting the victim's panty, and had the victim go up to the victim's body once.

C. The Defendant had sexual intercourse with the victim at the ward of the said victim’s house around the 11st century at the time of 2013: (a) at the time of 11 p.m. on the date and 2013, the Defendant: (b) in mind that the said victim would not have sexual intercourse with the adult film channel; (c) neglected this, and (d) went off the victim’s will and panty, and had sexual intercourse once.

Accordingly, the defendant has sexual intercourse three times with a minor under 13 years of age by force.

2. Around November 13, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-indecent act by force) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act by force in relation to relatives) committed by the victim in a ward located in the house of the above victim (a person aged 12 at the time) by inserting him/her as a inside the report, and only became the chest of the victim.

Accordingly, the defendant committed an indecent act against the minor under 13 years of age by taking advantage of the victim's state of non-performance to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Dual records; and