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(영문) 창원지방법원 2018.11.01 2018고합153
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

A defendant shall be punished by imprisonment for ten years.

The defendant's disclosure information is made through the information and communications network between 10 years.

Reasons

Criminal facts

On July 22, 2009, the defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendant") have been sentenced to the suspension of execution three years in the year and June, and three years in the Changwon District Court on March 21, 2013 to the crime of bodily injury caused by forced indecent act at the Changwon District Court due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (such as intrusion upon residence), and two years in the location tracking device attachment order.

[2] The Defendant, from October 2017 to the outside third village of the victim B (a family name, a female, and the age of 10), had sexual intercourse with the victim by taking advantage of the gap in which the parents of the victim and the parents of the victim living in the same house with the victim do not have a house, even if the victim has sexual intercourse with the victim, he/she did not resist the meaning of sexual intercourse with the victim so that it is difficult for the victim to inform other persons due to his/her external relationship without actively putting the meaning of sexual intercourse.

1. On August 1, 2018, the Defendant, at around 20:40 on August 1, 2018, had sexual intercourse with the victim, who was divingd in the Defendant’s house located in Sungsi-gu, Sungwon-si, Sungwon-si, with the intent of having sexual intercourse with the victim, who was locked at the bottom of the victim’s inside and outside of the victim, placed the victim on the front left, she was suffering from the victim’s fright and panty, she was fright off with the victim’s chest, she was frighten with the victim’s chest, and she was sexual intercourse by inserting the victim’s sound part above the victim’s body, and inserting the victim’s sexual part into another victim’s sound part.

2. On August 8, 2018, the Defendant committed the crime: (a) around 15:00 on August 8, 2018, and (b) around 15:00 on shower in a bath room, in order for the Defendant to have sexual intercourse with the victim by taking advantage of the gaps in which his parents do not hold his/her house; and (b) the victim “at the time so far as the victim does not want to do so.”

The victim is forced to be excluded from all clothes of the victim, and is placed on the floor of a bath room by putting both arms of the victim, even though refusal.

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