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(영문) 창원지방법원 마산지원 2015.01.21 2014고합99
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

On April 10, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court on April 10, 2012, and such judgment became final and conclusive on April 18, 2012.

Criminal facts

After the defendant, who had a relationship of domestic violence in winter-si in 2008, was victimized by domestic violence, the defendant was living together with C and the victim at the home of the defendant, who was married with C, in the family of the defendant, in the area of household shipper, in the area of Masan-si F and in the second floor.

At the defendant's house on the day of wintering in 2008, the defendant had a minor under 13 years of age (here, 7 years of age), had the victim skid, had the victim skid, had the victim skid, had the victim skid, had the victim skid, had the victim skid, had the victim skid, had the victim swdd, had the victim swd, had the victim swd, had the victim swd, had the victim swdd, had the victim swd, had the victim spand, and had the victim spand, let the victim spand, and had the victim spand and pand with the victim swd, by threateninging the victim's resistance from the victim, and by inserting the victim's sexual organ on the part of the other victim swd in the front of the victim."

Accordingly, the defendant raped the victim who is a minor under the age of 13.

Summary of Evidence

1. D's legal statement;

1. Some of the interrogation records of each prosecutor's office against the defendant;

1. Statement made by the prosecution against D, C, and G;

1. Each police statement concerning C and G;

1. A stenographic record, a video CD, or a counseling log;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 8-2 (1) of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (Amended by Act No. 9110, Jun. 13, 2008); Article 297 of the Criminal Act concerning criminal facts;

1. The latter part of Article 37 and the first sentence of Article 39(1) of the Criminal Act to treat concurrent crimes;

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