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(영문) 서울동부지방법원 2013.08.22 2013고합114
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

In addition, a person subject to medical treatment and custody and a person subject to a request for attachment order (hereinafter referred to as "defendants") are persons with disabilities of class III with intellectual disabilities, who lack the ability to discern things or make decisions due to a low intelligence or sexual impulse disorder.

After completing the work of an employee in charge of delivery at home during the night hours, the Defendant had been able to rape against the victims of her age who were married home after completing night learning at home.

1. On March 28, 2013, the Defendant: (a) around 23:08, around D Elementary Schools located in Seongdong-gu Seoul Metropolitan Government on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) discovered the victim E (the 16-year age), who was in coloring the subject of the crime, after completing a mast book; and (b) led the victim E to a place where the victim was red; and (c) led the victim to rape at around 100 meters from the first floor of F apartment 103.

In front of the entrance of the above apartment site, the Defendant attempted to prevent the victim from suffering with the victim's hands behind the entrance of the apartment site, and to attract the victim to a single place with the victim's hand, such as standing hand, and led the victim to a single place, but the victim did not escape from the Defendant's hand, who gets the victim's hand and gets the victim's hand, and did not commit an attempted crime.

2. On April 3, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13) discovered the victim I (the age of 12) who was colored in Seongdong-gu Seoul Metropolitan Government, after completing a mast public book, found the victim I (the age of 12), led the victim to a hostile place, taken the victim at a limited place, taken the victim for rape, and followed the victim at a level of about 200 meters in front of the lending of the victim residing in the court.

In front of the 1st floor of the above loan, the Defendant is called “the victim once he gets off.”

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