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(영문) 광주지방법원 2013.03.28 2012고합1199
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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A defendant shall be punished by imprisonment for five years.

Reasons

Criminal facts

On March 25, 2004, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime of kidnapping minors, etc. at the Ganju District Court Branch on August 17, 2005, and completed the execution of the above punishment on August 14, 2005. On January 14, 2010, the Gwangju High Court sentenced four years of imprisonment with prison labor for the crime of indecent act by force, etc. and decided on June 29, 2010.

At around 17:00 on August 21, 2006, the Defendant: (a) completed an elementary school course on the front of the operation of the apartment house in Ansan-si, Ansan-si; and (b) discovered the victim D (at least 10 years of age) who returned to the house; and (c) had humping the desire to commit rape.

The Defendant: (a) threatened the victim with “I Ra. Ra. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma. Ma.”; (b) prevented the victim from resisting; (c) forced the victim to go to F in E in Ansan-si, Ansan-si, and forced the victim to have sexual intercourse once.

Accordingly, the defendant raped a female victim under 13 years of age.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Investigation report (No. 3 No. 5 of the evidence list);

1. Requests for appraisal;

1. Whether DNA samples collection certificates, notification of DNA identification information, direction of investigation related to the same person with DNA identification, and processing of DNA identification data by DNA police stations of Ansan members, coincide with identification results of DNA identification;

1. Previous records before ruling: Application of inquiries, such as criminal records, and investigation reports (Evidence List No. 24)-related Acts and subordinate statutes;

1. Article 4 of the relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 9110, Apr. 15, 2010); Article 8-2(1) of the former Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 9110, Jun. 13, 2008); Article 297 of the Criminal Act (Provided, That the upper limit of punishment is prior to the amendment by Act No. 10259, Apr. 15, 2010; hereinafter the same shall apply)

(ii) in accordance with the main sentence of Article 42

1. Article 35 of the Criminal Act among repeated crimes, proviso to Article 42 of the former Criminal Act (amended by Act No. 1010, Jan. 1, 201).

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