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(영문) 인천지방법원 2017.09.08 2017고합421
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant, as the father of the victim C (V, 15 years old), and the father of the victim D (V, 8 years old), has been in a relationship with the victims, and since early 2013, the victims have been brought up by the victims after the birth of E, the mother of the victims, from early 2013.

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with minors under the age of 13) committed sexual intercourse with the victim by taking advantage of the victim C, etc., who was lockedly down on the floor at the floor of the ward in the Nam-gu Incheon Metropolitan City F or the defendant's dwelling in his/her own place on the day on which he/she had sexual intercourse with the victim, and by taking advantage of his/her will and clothes, he/she had the victim off his/her will and clothes, and even though he/she was frightly pushed off the body of the defendant in his/her arms, he/she continued to

Accordingly, the defendant raped a minor who is under 13 years of age.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On a day on which the Defendant tried to get off the victim C, who was able to have a television accumulated on the floor at the living room as stated in the above paragraph (1) above, and the victim was able to get off from the floor at the living room, but the victim was unable to get off and get off from the room, and the Defendant called “I do not refuse to do so, I do not do so,” and called “I do not do so,” and called “I do not want to do so, I do not do so,” and she went back to the wall, and the victim was forced to go back to the floor, and the victim was forced to go off on the part of the victim.

Accordingly, the defendant tried to rape the victim, and did not commit the victim's resistance and did not commit the crime.

B. On the day of the instant paragraph 1, the Defendant sent the victim’s face at hand on the ground that the victim C did not properly see his/her house work, such as his/her snow site, at the place specified in the said paragraph (1).

Defendant assaults the victims and other families from time to time on the ground that such assaults the victims, including those who assault as above, would be bad or that the victims would not listen to the horses.

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