(영문) 인천지방법원 2018.08.17 2018고합250

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(영문) 인천지방법원 2018.08.17 2018고합250

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등

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A defendant shall be punished by imprisonment for eight years.

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

Reasons

Criminal facts

The facts as to the cause of the attachment order [criminal facts] The defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") are the natives of the victimized person C (V, 7 years of age), and married the victim with D (V, 39 years of age) of the Vietnam nationality around 2008, and the victim was born each around 2009, and the victim was raised B and the victim was raised together with D.

On April 3, 2018, at around 07:10 on April 3, 2018, the Defendant: (a) was trying to deviate from all the victim’s fares and clothes, and to put the Defendant’s sexual organ into a sloping room, which is a small room used together with son B, at the residence of the Defendant of building F of the Nam-gu Incheon Metropolitan City E-gu; and (b) tried to put the Defendant’s sexual organ into a sloping room; (c) did not put the Defendant’s sexual organ into a sloping room; (d) tried to put the Defendant’s sexual organ into a sloping room at a shot of the victim’s sexual organ; (e) did not put the Defendant’s sexual organ into the victim’s sexual organ; (e) did not put the Defendant’s sexual organ into a sloping cell phone connected with CCTV installed therein; and (e) did not immediately put the Defendant into an attempt to stop the Defendant’s act by leaving the phone.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's non-refluence status, who is a child under 13 years of age, who is a blood relative, but was attempted.

[Judgment of the court below] Defendant 1 committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Voluntary accompanying report and report on internal investigation:

1. Medical records and medical certificates for victims of sexual assault;

1. Investigation report (Inspection and analysis of CCTVs in E-building);

1. A response to a defendant's prior investigation into a request for an attachment order;

1. The risk of recidivism in the judgment below: The evidence duly adopted and examined by this court.

유사 판례

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