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(영문) 춘천지방법원 2017.08.29 2017고합33
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant's disclosure information is made through the information and communications network between 10 years.

Reasons

Punishment of the crime

On May 13, 2003, the Seoul High Court sentenced the Defendant to five years of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a minor rape, etc. under the age of 13) and completed the execution of the sentence on August 24, 2007.

[Criminal facts] The victim C (the age of 20) is the parent-child of the defendant as the third degree of intellectual disability.

While the defendant living together with his parents and the victim, the defendant had been able to rape or commit an indecent act by using the fact that the victim lacks normal judgment ability due to mental disorder.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape of minors under the age of 13) committed rape against a minor under the age of 13 by committing sexual intercourse, after having been forced to have a victim's resistance committed sexual intercourse, in the defendant's residence in Switzerland-si D at night on the spring in 2009, after getting the victim's room and getting out of the victim's clothes at the victim's body and getting out of the victim's body (at that time, 12 years old), and getting out of the victim's clothes.

2. The Defendant, in violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape by blood) was raped on the part of the Defendant, in a place specified in paragraph (1) of this Article, off the clothes of the victim (the age of 13 at that time) at around 2010, sealed the victim with a wall to control the victim’s body with the wall, and led the victim to sexual intercourse and sexual intercourse with the victim, thereby suppressing the victim’s resistance.

3. The defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes recognizes the fact that the victim is not requested to assist around the victim due to intellectual disability despite sexual assault committed by the defendant over a long time, and has the intention to do the similarity act against the victim;

A. On February 18, 2017, the Defendant only met the chests of the victim (at the time 20 years of age) who is being charged at the places specified in paragraph (1) around 14:00 to 16:00 on February 18, 2017.

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