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(영문) 광주지방법원 2016.02.17 2015고합389
미성년자의제강간등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is at the first degree of intellectual disability, under the state that the Defendant lacks the ability to discern things or make decisions,

1. In the residence of the victim D (at the time, 12 years old), who was raped by a minor, was sexual intercourse with a female under the age of 13 by reporting that the victim D was enjoyed, who was enrolled in the body of the victim D, and sexual intercourse with the victim D’s clothes.

2. On the ground that special intimidation No. 1. 2015, the victim E did not change the amount of money to the victim E (n, 42 years of age) at the place indicated in the paragraph (1) of the same Article, and the victim E was challenged with the victim E, and the victim’s knife (23.5cm in total length, 12cm in length in the kitchen at the same place) was replaced by the victim, and “hick” was threatened with the victim E.

3. From August 2015 to September 2015, the Defendant’s mother was in possession of the victim E during the place described in paragraph 1. From August 1, 2015, and the Defendant’s mother was in possession of the victim E, and the chest was in possession of the son E, and the victim’s panty E was in possession of the son’s son’s son’s son’s son’s son’s son’s son’s son’s son, thereby committing indecent act by force.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made by the victim D or E in a stenographic record;

1. (A), family relation certificate, resident registration certificate, certified copy, resident registration abstract, and each description fit for the response to a request for appraisal;

1. Application of video-related Acts and subordinate statutes to a knife photograph;

1. Article 305 and Article 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); the main text of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); Articles 284 and 283(1) of the Criminal Act (amended by Act No. 284, Apr. 28, 201); Article 5(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 201);

1. Reduction of mental and physical weakness;

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