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(영문) 춘천지방법원 강릉지원 2016.01.21 2015고합93

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등

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A defendant shall be punished by imprisonment with prison labor for up to 11 years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the father and father of the victim D (V, 14 years old).

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13);

A. On February 2013, the Defendant knew that the Defendant did not enter the house to care for her mother’s illness at the inside of the Defendant’s house located in Gangseo-si, Gangnam-si, 2013, and did not enter the house to care for her mother’s illness, and had the victim (the Defendant 11 years old at that time), who was divingd with the victim, her fingerd with the victim’s face, chest, etc., resulting in rape.

The Defendant, by taking advantage of the fact that he could not resist properly as a minor under the age of 11, was sexual intercourse once by putting the victim out of his clothes, panty, and panty, putting him out of the body of the victim, and then putting the her fright back into the body of the victim, and inserting the new sexual organ of the victim into the sexual organ of the victim.

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

B. On October 2013, the Defendant: (a) knew at around 22:00 that the victim did not enter the house to protect her mother’s sick together with the victim (the victim was at the age of 12 at that time) and knew that F did not enter the house to protect her mother’s sick at the place described in the above paragraph (i.e., around 22:00; (b) and (c) went off the victim’s face and her breast, etc. with her hand while she was diving together with the victim; and (d) was off the victim’s clothes her face and her panty and her panty; and (e) was sexual intercourse once by inserting her part of the victim’s body and inserting her new sexual organ into the part of the victim’s body of the victim’s sexual organ.

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

(c)

On March 1, 2014, the Defendant: (a) around 22:00, the day (the time when the victim was in the first grade year of middle school) 22:0; (b) used the gap in which F is not inside the house at the place described in paragraph 1-A; (c) was able to prevent the victim (the victim was 12 years old at the time) and was locked with the victim.