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(영문) 춘천지방법원 강릉지원 2018.03.29 2017고합93
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

(e).

Reasons

Punishment of the crime

When the Defendant lives together with the victimized child C (mast, D)’s father and father in the same house as the victimized child C (mast, D’s wife) and brought about the victimized child’s motivation to grow, the Defendant had repeatedly reported the victimized child’s violent inclination, which appears in the state of the Defendant’s home, and the victimized child was able to see and repeatedly report the victimized child’s sexual intercourse and other acts such as the Defendant’s attempt to sexual intercourse, etc. due to the situation where the Defendant, as a de facto protector, was living with the victimized child, was using the victimized child C (ma), saying that the victimized child’s resistance against the victimized child was not easily resisted by the Defendant’s sexual intercourse, etc. due to the Defendant’s de facto care as the victimized child, and that the victim would die if she speak to another person.”

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an interval between minors under the age of 13 and fraudulent means, etc.);

A. On January 2017, 2017, around the sixth grade of the victimized child’s elementary school, the Defendant: (a) opened TV from the Defendant’s house located at the office of the Defendant’s house located under the E-O of the city of Yeng-si (the age of 12 at that time) to be accumulated above each set; (b) placed the victimized child’s finger in hand with the Defendant’s fingers and the sex organs of the victimized child; (c) laid off the victimized child’s clothes, laid off the victimized child’s clothes; and (d) inserted the Defendant’s sexual organ into the Defendant’s sexual organ, thereby committing sexual intercourse with the victimized child under the age of 13 by force.

B. On April 1, 2017, the Defendant: (a) at the Defendant’s house located at the Defendant’s house located in the first Saturday on Apr. 1, 2017; (b) putting the victimized child into the Defendant’s inner room; (c) putting the victimized child back to the Defendant’s side; and (d) putting the victimized child back to the Defendant’s chest; (c) putting the victimized child into the Defendant’s chest, putting the victimized child’s chest and her sexual organ into the Defendant’s inner part; and (d) putting the victimized child into the Defendant’s sexual part, putting the victimized child’s chest and her sexual part into the Defendant’s sexual part, and inserting it into the victimized child’s sex.

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