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(영문) 서울북부지방법원 2015.12.04 2015고합271
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant was aware of the victim D (n, 10 years of age) in the “C” of the smartphone mobile game, and received the message using a smartphone. On August 20, 2015, around 20:00, the Defendant moved the victim D and the victim F (n, 11 years of age) accompanied with the victim D and the victim F (n, 11 years of age) in the Si of Mapo-si.

1. Around 01:00 on August 21, 2015, the Defendant: (a) was sexual intercourse with a minor; and (b) a minor’s deemed sexual intercourse with the victim D; (c) was satisfing his/her chest in a satisf by cutting off his/her clothes; and (d) was satisfing his/her fingers; (c) he/she was satfing his/her fingers; and (d) was satisfing his/her fingers; and (d) the Defendant was satisfing his/her fingers by cutting off his/her clothes with the victim F; and (e) the Defendant was satfing his/her fingers by inserting his/her fingers; and (e) the Defendant’s satisf by inserting his/her fingers.

Then, the Defendant collected left fingers into the part of the victim F's sound, and collected the fingers into the part of the victim D's sound, and added the Defendant's sexual organ into the part of the victim D's sound, thereby engaging in sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim D under 13 years of age and has committed constructive rape, and had the victim F, who is under 13 years of age, included his fingers in the sexual intercourse.

2. Around 07:10 on August 21, 2015, the Defendant, at the place indicated in paragraph (1), was sexual intercourse by inserting the Defendant’s sexual organ into one time by putting the Defendant’s son’s clothes out of the body of the victim F, kising the victim F with his son and her chest, cutting off his son’s clothes, cutting off his son’s fingers and her fingers.

Accordingly, the defendant, by sexual intercourse with the victim F under 13 years of age, committed constructive rape, and committed constructive indecent act against the victim D who is under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement by D, F, and J 1.

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