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(영문) 대전지방법원 2013.10.02 2013고합225
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Criminal facts

Defendant

In addition, the person subject to a request for attachment order and the person subject to medical treatment and custody (hereinafter referred to as the "defendant") are those who lack the ability to discern things or make decisions due to stimulative disorder.

On May 13, 2013, at around 22:00 to 23:00, the Defendant discovered the victim N(12 years old) who is finding a mobile phone exhauster in front of the convenience store near the L School located in Daejeon-gu Daejeon-gu, Daejeon-gu, and went to the victim as if the victim would find the mobile phone exhauster with the mobile phone exhauster, while moving the victim to the distribution center park in the vicinity.

The Defendant, while sitting the victim at a bend in the event in the above park, was frightening the victim to engage in sexual intercourse, was frightening the victim's chest by placing his hand in the victim's inner part, and kneeing the victim's breast and panty up to knee, cut off the victim's knee and knee without knee in the front of the victim's knee, and was raped by inserting the victim's knee and kneeing the victim's knee, pushing the victim's knee and kneeing the victim's kne in his hand by tighting the victim's kne, pressinging the victim's resistance, suppressing the victim's resistance, and inserting the victim's sexual organ into the part of the victim

At around 23:20 on the same day, the Defendant continued to rape the victim, and had the victim take advantage of the main passage stairs of the 111-dong 18th floor of Daejeon-dong, Daejeon-gu, Daejeon-gu, in order for the victim to take advantage of the main passage stairs of the 18th floor, and had the victim cut off all the clothes of the victim, and was placed on the floor to prevent the victim from getting out of the body, with his hand, the Defendant dives of the victim’s two legs to prevent the victim from getting out of the body, thereby suppressing the victim’s resistance and inserting the Defendant’s sexual organ into the part of the victim’s body.

Accordingly, the Defendant raped the victim under 13 years of age on two occasions.

The prosecutor reported the defendant to be a single crime and prosecuted as a single crime, but the defendant was two.

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