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(영문) 대구지방법원 김천지원 2020.01.14 2019고합78
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant is a child or juvenile-related institution, etc.

Reasons

Criminal facts

및 보호관찰명령 원인사실 【범죄사실】 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다)는 피해자 F(가명, 여, 동생)와 피해자 G(가명, 여, 언니) 자매의 숙부(叔父)이다.

1. Crimes against victim F;

A. On January 1, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape 13 years of age and quasi-rape in relation to relatives) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (quasi-rape in relation to relatives) and the Defendant inserted the Defendant’s sexual organ into the victim’s drinking room in the room of a lodging facility where it is impossible to know the trade name I located in the Gyeongbuk-gun, Chungcheongnam-gun around the new wall-gun around January 1, 2015.

Accordingly, the defendant has sexual intercourse with the victim who is under 13 years of age and has a relationship with the victim by taking advantage of the victim's mental or physical condition.

B. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor quasi-sexual act under the age of 13) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a indecent act by compulsion of relatives), in 2015, was placed in the house where he was the father of the victim F (the age of 12 at that time) located in Kimcheon-si, Kimcheon-siJ, and the lower locked was off from the part of the victim, and included the Defendant’s finger in the negative part.

Accordingly, the defendant committed an act of similarity with the victim under the age of 13 by taking advantage of the victim's mental disorder or non-operance condition, and committed an indecent act on the victim's relative.

C. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape in relation of relatives), around 2016, posted the Defendant’s sexual organ into the negative part of the victim F (the age of 13 at that time) at his/her residence in Kimcheon-si, Kimcheon-si, and excluded the victim’s load and clothes, and inserted the Defendant’s sexual organ into the negative part of the victim.

This is the defendant.

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