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(영문) 대전지방법원 논산지원 2018.03.21 2017고합74
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)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.

(e).

Reasons

Punishment of the crime

The defendant is the victim C (V, 14 years old), victim D (10 years old), victim E (8 years old, self-pulmonary disorder 1 level), victim F (V, 5 years old, intellectual disability 2 level).

The defendant frequently visited the victim's house from around 2016 to around 2016, knowing that the victims live together with the father of the third degree of intellectual disability, and the mother of the second degree of intellectual disability, who was established adjacent to the community center located adjacent to the community center located adjacent to the city in Ansan-si.

The defendant, by abusing the fact that the parents of the victims who have sexually impaired disabilities are free of permission and when the victims were committed before the parents of the victims, the victims C had sexual intercourses with the victims and commits indecent acts by force.

1. Whether the Defendant, at the end of August 2016, fell under the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means a deceptive scheme, etc. against minors under the age of 13) with the victim C at the residence of the victim C at the end of August 2016, when there is a difference with the victim, i.e., the victim

The Defendant’s sexual organ inserted the victim’s sexual organ into the part of the victim, with the victim’s sexual organ inserted into the victim’s negative organ, which reads “at least 10,000 won,” while she was off the victim’s clothes and resisting the victim’s speech.”

Accordingly, the defendant has sexual intercourse with a victim under the age of 13 by force.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

가. 피고인은 2017. 1. 중순 오후 경 피해자 C의 주거지에서 집안에 피해자와 단둘이 남게 되자 피해자에게 ‘ 동생들 말썽 부리면 다 죽여 버린다’ 고 말하여 겁을 먹은 피해자의 옷을 모두 벗기고 피고인의 성기를 피해자의 음부에 삽입하고 피해자에게 ‘ 아빠한테 이르면 가만 안 둔다’ 고 말하면서 피해자에게 겁을 주어 위력으로 피해자를 간음하였다.

B. The Defendant on July 2, 2017

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