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(영문) 수원지방법원 여주지원 2017.09.28 2017고합72
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is suffering from the victim C(n, 18 years of age)'s death.

1. When the Defendant was at the Defendant’s house located in G in the 2004 Gyeonggi-si, the Defendant: (a) laid off the victim, who reported TV in a ward, on the room, was divided the victim into the room floor; (b) forced the victim’s resistance by hand and body; and (c) forced the victim’s sexual organ out of the victim’s panty and panty; and (d) had sexual intercourse by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant raped the victim under 13 years of kinship.

2. The Defendant, at the above Defendant’s house (after about one week from the date stated in the paragraph (1) of this Article), was at the time of 2004, at the victim’s house (five years of age at that time). During obscenity video, the Defendant was imprising the victim in the room on the floor of the room, laid off the victim in the room, divided the victim by hand and body, breaking the victim’s resistance into the victim’s negative part, and putting his sexual organ into the victim’s negative part.

Accordingly, the defendant raped the victim under 13 years of kinship.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A copy of each stenographic record (C, C2, C, C3, 4, C5 times);

1. A copy of an investigation report (case of the crime date, time and place specified), a copy of an investigation report, such as a copy of an investigation report (a video recording twice and stenographic records attached to a victim C), a copy of an investigation report (a case of a victim’s second video recording statement), a copy of an investigation report (a copy of a video recording statement attached to a victim C), a copy of an investigation report (a copy of a video recording on the victim C, four times and stenographic records attached), and

1. Application of Acts and subordinate statutes to a family relation certificate (E - a father of A), a resident registration abstract (E), and a copy of a written opinion of a professional opinion of a child with disabilities;

1. Article 8-2(1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 8059 of Oct. 27, 2006), Article 297 of the Criminal Act on criminal facts.

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