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(영문) 의정부지방법원 2017.05.02 2016고합525
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant sent DNA messages to the victim C (at the time, 11 years of age) through the Internet site, and received the pictures from the victim, and received the pictures from the victim. On February 2, 2016, the Defendant used such pictures to rape.

1. On April 23, 2016, the Defendant told the victim (in the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13) on April 23, 2016, the victim (in the case of 11 years old) at the male toilet on the third floor of the E commercial building, the Defendant attempted to put his/her clothes out by stating that “I would capture the photograph sent by Ne without her clothes to his/her her her son,” and laid off his/her clothes, and attempted to put him/her into the victim’s sexual organ during the victim’s sexual organ, but did not bring the victim’s refusal to do so and attempted to do so.

Accordingly, the defendant attempted to rape by threatening the victim under 13 years of age.

2. A crime committed on July 17, 2016;

A. A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with minors under the age of 13) the Defendant, at around 14:00 on July 17, 2016, committed sexual intercourse by having the victim (the age of 12 at that time) go out of clothes by stating that “I would capture the body pictures sent to him without sexual intercourse,” and let the victim be sexual intercourse with the victim.

Accordingly, the defendant raped the victim under the age of 13 by intimidation.

B. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) recorded the date and time set forth in the above A. at the place, and recorded the victim’s cell phone with the Defendant’s function inside the camera function as above, and recorded the victim’s face-to-face showing the victim’

Accordingly, the defendant took photographs of another person's body, which could cause sexual humiliation or shame, using devices similar to the camera, against his will.

(c).

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