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(영문) 대구지방법원 서부지원 2015.12.17 2015고합135
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for ten years.

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

Reasons

Criminal facts

The defendant was the victim C(Y, 4 years of age) who lives in the love book of the house, and the mother of the victim was released, and the father of the victim was the deaf company, and the father of the victim showed TV or smartphone video image to the victim in the defendant's room, and there was a lot of time for the victim to do so.

1. On September 19, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13) displayed a cartoon screen image with a smartphone to the victim in the room of the Defendant located in Daegu-gun D around September 19, 2015. The victim stated that “the victim would put the victim into the floor,” and made the victim’s “the victim would put the victim into the floor, and prevented the victim from putting the victim on the floor, leaving the victim into the floor, making the victim’s sexual organ into the victim’s sexual organ, but did not result in any insertion, and the victim’s sexual organ became a victim.

Accordingly, the defendant tried to rape the victim under 13 years of age, but did not commit an attempted crime.

2. On September 20, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor sexual act under the age of 13) indicated in paragraph (1) at the same room as that of the Defendant, the Defendant sent the victim a fluorous image to the effect that “the victim, who is mixed with a fluor, shows a fluor, is fluorcing fluor at night,” thereby preventing the victim from resisting against the victim, putting the victim on the floor, putting the victim into the floor, and seeing the victim into a smartphone, and put the victim’s hand into the victim’s sexual organ by gathering his hand with the victim’s panty, and put the victim’s finger in the victim’

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report (Attachment of video recording and recording records of the victim C, attachment of expert opinions of the child sexual assault case, telephone investigation by reference person, attachment of a certified copy of the victim's resident registration), stenographic records, and intermediary;

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