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(영문) 수원지방법원 2013.10.15 2013고합425

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

A defendant shall be punished by imprisonment for ten years.

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

Reasons

Punishment of the crime

The Defendant is an external third village of a victim C (n, 12 years of age).

On November 7, 2012, the Defendant, at the victim's home located in Osan-si, performed drinking with the victim's family members, followed the victim's room in around 21:00 on the same day, and saw the victim's room in the following day, and saw the victim's room in one beds with the victim. In addition, the Defendant: (a) stated the victim's hand inside the victim's clothes in order to prevent the victim from suffering from a defect in which the victim intends to walk and resist, and (b) prevented the victim from resisting the victim's chest and drinking; (c) exceeded the victim's part; and (d) sexual intercourse with the victim once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Statement to E by the police;

1. The counseling day, a certified copy, a certified copy of the family register, and a family relation certificate;

1. Determination on the assertion of the video camera defendant and his defense counsel

1. The summary of the Defendant’s assertion is the date, time, and place in which the Defendant was sobried that he was under the influence of alcohol, and that he was aware of the victim’s female living together with the victim, and that he did not rape the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim, at the time of the police investigation, determined as follows: (i) At the time of the police investigation, the victim saw that the third village would bring about the money for self-furcing; (ii) the third village was a low reproductive organ.

Madman has continued several minutes and has been raped.

Continuing rapes and 5 minutes, 10 minutes, and 10 minutes, but the chests and reproductive organs so far have come to her so far, and the needs to come to her.

(수사기록 제21, 24쪽). (왼쪽으로 몸을 돌리며) 이러고 있었는데 휙 이쪽으로 돌렸어요.

It is now required to put it into the place of detention.

In addition, it has not been able to reach a sound.

Rape 5 minutes, 10 minutes, more than 5 minutes

(No. 27 of the Investigation Records) No. 27 of the investigation record has been put up for the last time.

Maternal apparatus

A dancer. The dance is match.