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(영문) 대전지방법원 2016.06.30 2016고합81
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant was permitted by the parent of the victim for the reason that the number of children of the defendant was narrow because he was five or more children of the victim's family members, who were the male male father of the victim C (V, 13 years old), and the family of the victim's family members were born at the victim's home from the early November 2015 with four children of the defendant and the defendant were born at the victim's home.

During that period, Defendant 1 had experienced sexual humiliation to the victim who was divingd in the same room as the above children, and had the victim feel sexual humiliation and rape.

1. The Defendant attempted quasi-rape in the middle of November 2015, in the middle of Daejeon, Seo-gu, Daejeon, and the first floor of the victim’s house located in Seo-gu, Daejeon, and 301, sold in one hand, who was locked with four children of the Defendant, and was able to take the victim’s body from the chest part of the victim’s clothes with the victim’s body, she was frighten from the chest part of the victim’s chest with the other hand, and the father of the victim, who was trying to engage in sexual intercourse, seems to go out in the toilet, and was committed by waiver and attempted to give up this.

2. Intercourse by force;

A. On December 16, 2015, the Defendant, at the place indicated in paragraph (1) around the new wall around December 16, 2015, was set off by the victim’s side and panty, and was off from the victim’s panty, and the victim was set off, and the victim’s bridge was cut off from the locked, and the victim’s bridge was divided into a canter by force so that the victim could not move out, and the Defendant had sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

B. On December 2015, the Defendant had sexual intercourse with the victim once by force at the places indicated in paragraph (1) at the end of the new wall bordering, and by means of force such as the foregoing paragraph (a).

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. C’s statement contained in each video CD;

1. Application of Acts and subordinate statutes to photographs inside the victim's house;

1. The relevant Article of the Act concerning the facts constituting the crime and the selective child or juvenile;

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