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(영문) 대구지방법원 2017.09.08 2017고합170
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as "defendant") became aware of the victim D who resides in the second floor of multi-household housing located in Daegu-gu, Daegu-gu, in spring on November 2010, while living in the first floor of the multi-household housing located in the second floor, and the victim went to F director in the Nam-gu, Daegu-gu around November 201.

1. A minor rape on January 201, 201, the Defendant, at the home of the Defendant in the first floor of multi-household housing at low rank, had the victim (at that time, 10 years of age) off clothes, had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a person under 13 years of age.

2. An indecent act by force against a minor;

A. The Defendant, at the time and place specified in paragraph 1, had sexual intercourse with the victim (the age of 10 at that time) and entered a toilet and told the victim to “assumed the Defendant’s act of self-defense” and committed a self-defense act in front of the victim.

B. On January 2, 2012, the Defendant met the victim’s breast at the victim’s home located in Daegu-gu, Daegu-gu (at the time, 10 years of age) and kid the victim while dialogueing with the victim.

Accordingly, the defendant committed indecent act on a person under 13 years of age over twice.

Summary of Evidence

1. The defendant's second oral statement;

1. Recording records of victims;

1. Results of each investigation report (as to confirmation of the period of attendance at an elementary school G elementary school of a victim, on the date and time of the crime), and statements and analysis;

1. The defendant and his defense counsel asserted that the defendant's act of self-defense was consistent with the defendant's act of self-defense in front of the victim, but this is due to the defendant's act of self-defense in a mixed toilet and the defendant's act of self-defense was committed by opening the door and showing the victim's act of self-defense, and it does not change the victim's act of self-defense.

1. The victim is the same as the rice in which the defendant marks his own sexual organ in the toilet.

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