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(영문) 수원지방법원 안산지원 2017.12.22 2017고합170
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
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A defendant shall be punished by imprisonment for six years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant frequently visited the victim’s father and father, who is close to the victim’s D(here, E)’s family, and frequently visited the victim’s home to “A tri village” and followed well, and was in close friendly with the victim.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against minors under the age of 13) committed an indecent act committed by the Defendant at the victim’s house located in F, 103 and 508 in 2016 around the new wall of the victim, while playing together with the victim, he was divingd with the victim, and committed an indecent act by the victim’s hand.

Accordingly, the defendant committed an indecent act against a minor under the age of 13 by using the victim's resistanceable condition.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of a minor under the age of 13) the Defendant, at around 05:00 on March 3, 2017, at the victim’s house located in Ansan-si G, a group of members of Ansan-si, a group of members, and one parent and branch of the victim, and the victim got locked in the victim’s room after drinking alcohol.

In one’s side, the Defendant: (a) reported the victim’s sexual desire to rape the victim; (b) took the part of the victim’s clothes; and (c) continued to take part of the victim’s sleeps; and (d) put the victim’s sexual organ into the part of the victim’s body in the part of the victim’s body.

Accordingly, the defendant has sexual intercourse with a minor under 13 years of age by taking advantage of the victim's non-opportune condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by the prosecution with regard to H;

1. The statements and stenographic records thereof recorded in each video CD;

1. Each medical certificate, medical record victims of sexual assault, and report on the result of inspection;

1. A reply to a request for cooperation in investigation (a list of evidence);

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