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(영문) 서울동부지방법원 2013.07.18 2013고합40
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for eight years.

To order the defendant to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant had a intellectual disability, E (here, F birth) and a victim G (here, H birth) with autistic disorder were going to the same elementary school and friendly, and the Victim G (here, H birth) was able to rape the victim, who was flickly in sexual consciousness, with the Defendant’s home playing frequently.

1. On November 2003, the Defendant: (a) reported that the victim (the 12-year-old) who was playing at the Defendant’s home located at the Defendant’s home located in Songpa-gu IF 2, Songpa-gu, Seoul (hereinafter referred to as “the 12-year-old”), was playing in E and E at the inside of the inside; (b) took a small room without any awareness of the victim; (c) went off the victim’s will and panty; and (d) took off the victim’s panty,

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

2. Around February 12, 2004, the Defendant, at the places indicated in paragraph (1) around February 12, 2004, abused the victim by having sexual intercourse with the said method once.

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

3. Around February 29, 2004, while a family member of the victim's family at the place specified in paragraph (1) was appointed to be a director, the victim used the gap in which the victim left the defendant's family to the defendant's house, and raped the victim by having sexual intercourse once in the above way.

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

4. At around 17:00 on May 2004, the Defendant reported the victims who were under guard in the Songpa-gu Seoul Songpa apartment court's J apartment court, and led them to the next side of the Lridge building located in K, and raised the victim's school uniforms, cut off the victim's panty, cut off the victim's panty, and sexual intercourse and rape once on the part of the victim.

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

Summary of Evidence

1. Each legal statement of witness M, N,O, P, and Q;

1. G's respective statements recorded in the police and prosecutor's statement video CDs related to G;

1. A criminal investigation report (Submission of a detailed statement), a criminal investigation report (a photographic of the scene of occurrence), a criminal investigation report (verification of personal information), and a criminal investigation report;

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