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(영문) 인천지방법원 2018.11.02 2018고합421
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for eight years.

The information on the accused shall be disclosed and notified for a period of five years.

For the defendant.

Reasons

Criminal facts

The facts of the cause of the order for observation and protection [criminal facts] The defendant and the requester for the order for observation and protection (hereinafter “defendant”) came to know the victim C (the victim, the victim, the 10 years of age) first through the hosting of “B” around the night on April 24, 2018, and around the same day, around 23:44, the victim met the victim before the E elementary school door located in Gyeyang-gu Incheon Gyeyang-gu Incheon, and went to move the victim to the Defendant’s residence in Gangseo-gu Seoul Metropolitan Government, and went to the Defendant’s residence.

In the above dwelling space, the Defendant: (a) placed the victim with the right to file a suit against the victim; (b) placed the victim at the bed room located inside the bed; (c) forced the victim to go off the clothes of the victim; (d) opened the victim’s chest as soon as the victim’s chest was frighted; and (e) prevented the victim from getting the victim’s grandchildren by hand due to the defect that the victim intends to occur; and (e) placed the sexual organ into the part of the victim’s sexual intercourse once.

Accordingly, the defendant raped a minor under the age of 13.

[Fact of the ground for issuing an order to observe the protection] Defendant committed a sexual crime as above. In light of the background, method, etc. of each of the sexual crimes of this case, Defendant is likely to recommit a sexual crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement made by the police with H;

1. Video-recording investigation CDs for victims;

1. Photographs of a victim taken out of clothes of the victim on the date of the crime;

1. A response to a request for appraisal and a gene appraisal report;

1. Each investigation report (in relation to the fact of rape in theG, the suspect; and

4. 25. 25. 03:58 Verification of the identity of a mobile phone and the identity of the suspect;

1. The risk of recidivism and recidivism of sexual assault crimes as indicated in the judgment: The above evidence and the statement in the reply prior to the request may be integrated.

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