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(영문) 전주지방법원 남원지원 2014.06.26 2014고합7
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.

(e).

Reasons

Punishment of the crime

1. On February 2, 2013, the Defendant: (a) laid off the victim D (the 12-year-old age), who is a son of the Defendant’s friendship at the Defendant’s home located in Namwon-si, from the Defendant’s room, off the victim’s clothes; (b) laid off the Defendant’s lower and panty; and (c) laid off the victim out his Hah and panty, from the victim’s body into the pande; and (d) sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the Defendant raped the victim of less than 13 years of age, who is in a state to resist.

2. Around April 2013, the Defendant raped the victim at the home of the above Defendant in the same manner as that of paragraph 1.

3. Around June 15, 2013, the Defendant raped the victim at the home of the above Defendant in the same manner as that of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. One CD and one transcript of the police’s video recording, and one CD in the course of the examination;

1. A request for linking specialized child protection agencies;

1. A complaint;

1. A report on internal investigation (related to attachment of a written confirmation of medical treatment of a victim), an investigation report (victim's video interview);

1. A copy of medical records (D), treatment and examination records, and a medical certificate for disabled persons;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on appraisal and written appraisal;

1. Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, Article 297 of the Criminal Act (a point where a minor is raped under the age of 13), and Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of rape

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Each Judgment, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Minors under thirteen years of age), and a punishment imposed on a violation of the

1. Selection of punishment and limited imprisonment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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