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(영문) 수원지방법원 안산지원 2016.11.11 2016고합158
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On January 2016, the Defendant came to know of the victim F (one year old, 11) who frequently visited a customer at the “E” hall located on the first floor of the D Co., Ltd. D Co., Ltd., and came to contact with the victim by receiving contact information from the victim and sending the victim a lecture picture to the victim, making him/her play in his/her house or going out from the camping-dong.

On March 1, 2016, at around 16:00, the Defendant: (a) called “frighting at the place of his residence,” from the Defendant’s “H building 424, which is one of his dwellings G,” and called “frighting” to the victim’s house located in the said Defendant’s house; (b) on the part of the victim, the victim was set up on the inside of the victim; (c) the victim was trying to take place over several occasions, while the victim’s arms and trees were boomed into the victim’s arms and trees, and (d) was forced to put the victim’s arms and trees into the victim’s arms and trees, and she was discharged from the victim’s fright and panty.

The Defendant continued to be off her panty, and the Defendant stated that “I do not want to do so. Madna. Mad. Mad. Mad. Mad. Had. Had. Had. Had. Had. Had the Defendant’s hand in order to escape from the Defendant, but the Defendant tried to spread the Defendant’s arms and legs to her hand, thereby suppressing the victim’s resistance to the victim’s back, and inserted his sexual organ into the victim’s sound.

Accordingly, the defendant raped a person under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the F and I’s respective legal statements statutes;

1. Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Disclosure of registered information;

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