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(영문) 춘천지방법원 원주지원 2018.07.26 2018고합19
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim B (n, C) and the person who was the guardian of a middle school.

On October 22, 2007, the Defendant moved into the △△△△△△△△ Group of the Jeju-si, Seoul-si, and became aware of the victim's parents and independences who were residing in the same apartment building and became aware of the victim.

The Defendant was aware of the victim’s age (the age of 9 years or 10 years at that time) and more, and the victim was able to commit similar rape or sexual intercourse by force by using the fact that it is difficult to refuse or resist the demand of the Defendant, who was well aware of the victim’s parents and for a long time.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an interval between minors under the age of 13 and fraudulent means, etc.);

A. In around 2010, the Defendant committed similar rape in around 2010, at the house of the victim B (the age 9 at that time) located in △△△△ apartment Do, △△△△△△△, △△△△, △△△, △△△, the Defendant: (a) took up the victim’s head by taking advantage of the circumstances that the victim was unable to refuse or resist his own demand; (b) took up the victim’s head in his hand; (c) took up the victim’s her hand into the part of the victim; (d) putting the victim’s chest by taking the hand into the part of the victim’s inner part; and (e) putting the victim’s chest by taking the hand into the victim’s panty; and (e) putting the victim’s finger into the part of the victim’s her inner part; and (e) putting the victim’s finger into the victim’s quality.

Accordingly, the defendant committed similar rape by force against the victim under 13 years of age.

B. In around 2010, the Defendant had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim B(the age nine at that time) at the home of the Defendant of the △△△△△△△△△△, the day after around 2010, taking advantage of the aforementioned circumstances.

Accordingly, the defendant has sexual intercourse with a victim under the age of 13 by force.

(c)

In 2011, the Defendant, at the same time, committed rape, at the places described in the above paragraph “B” during 2011.

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