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(영문) 창원지방법원 통영지원 2015.03.19 2015고합7
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the mother of the victim C.

1. Around July 2009 to August 8, 2009, the Defendant violated the Act on the Punishment of Sexual Crimes and the Protection of the Victims thereof (a minor rape, etc. under the age of 13) committed an indecent act against the Defendant’s wife C (the age of 9 at that time), while playing together with the Defendant’s wife C (the age of 9), with the Defendant’s wife C, with the Defendant’s mind that the Defendant forced the Defendant to commit an indecent act against the Defendant who was over the bed of the bed in the bed, and the Defendant was able to look at the victim’s chest by hand and knife the Defendant’s chest and knife the knife into the knife, and

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age by force.

2. From July 2011 to July 201, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age)

8. At around 08:00, at the victim’s residence as described in paragraph (1), the victim’s chest was born to the victim (at the same time, 11 years old) who was divingd on the part of the victim (at the time, she was 11 years old).

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist under 13 years of age.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Minors under the age of 13) committed an indecent act in the victim’s residence described in paragraph (1) around 2011, when his/her family goes out of the house and the victim was placed with the victim, in mind that he/she would forcibly commit an indecent act against the victim, he/she would be able to have the victim committed an indecent act on the part of the victim (the age of 11 at the time when he/she went on the part of the victim). The Defendant laid down the victim’s remaining hand on the part of the victim’s body and prevented him/her from leaving the bridge by cutting off one arms of the victim and taking other hand on the part of the victim’s body.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each video recording CD or each stenographic record;

1. Records of personal counseling;

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