(영문) 대전지방법원 2012.11.23 2012고합461

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(영문) 대전지방법원 2012.11.23 2012고합461

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

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

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Punishment of the crime

Defendant

In addition, when it is difficult for the victim of an attachment order to maintain a smooth marital relationship with his wife and divorce, etc., the victim C (the victim from 12 to 16 years of age at the time of committing the crime) who is one of his/her parents (the victim from 12 to 16 years of age at the time of committing the crime) was able to resolve his/her sexual desire through the victim by using his/her best compliance and hearing the horses well.

From the time when the victim got off, the Defendant shown violent inclinations, such as hinginginging frequently with his wife and sound, and with the knowledge that the victim did not have any other place where he had his house, the Defendant saw that she would cut off his house and drive away from the house without hearing his horse to the victim.

Therefore, the victim was in a situation in which the victim was frightened in the mind that the victim would drive away from his house without being satisfed by the defendant's horses and forced to take advantage of the defendant's sexual demands.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under thirteen years of age) committed sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ, i.e., the victim (the 12 years of age at that time) at night and at the inside of the Defendant’s house located in Daejeon-gu Daejeon-gu, Daejeon-gu, Seoul-do, 2008.

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

2. The Defendant, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act by force) committed an indecent act by force against the victim under 13 years of age by inserting his hand inside the hubs of the victim (at the same time 12 years of age) at night in a place specified in paragraph (1) at night on the spring of spring 208.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant’s night at night on the date and influence of 2009.

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