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(영문) 대전지방법원 천안지원 2013.10.23 2013고합177
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for eight years.

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

Reasons

Punishment of the crime

The defendant has been living together with the victim C's mother D from 2003.

1. Quasi-rape;

A. On March 2012, 2012, the Defendant, at the Defendant’s residence in Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu, Dong-gu, the Defendant: (a) went to a small room where the Defendant was under 13 years of age (here, 11 years of age at that time) and was her spanty; (b) went out of the victim’s will and panty; and (c) was sexual intercourse once with the victim; and (d) rape by taking advantage of the victim’

B. On June 6, 2013, around 07:00, the Defendant: (a) went to a small room where a minor victim under the age of 13 (here, 12 years at the time) was able to sleepd; (b) was raped by taking advantage of the victim’s state of failing to resist in the manner described in Article 1(a).

2. Quasi-decent acts;

A. On September 201, 201, the Defendant: (a) committed an indecent act by taking advantage of the victim’s state of refusal to resist, such as taking out the victim’s chest who was a minor under the age of 13 (the age of 11 at that time) and went to a small room where the victim was able to sleepd; and (b) took out the victim’s humf, who was singly singly singly sing the victim; and (c) taking the victim’s chest over about about 10 minutes,

B. On April 2013, at night, the victim, who is a minor under the age of 13 (at that time, 12 years old), entered a small room where he was able to sleepd, and she saw her humbly committed indecent act over about 10 minutes by taking advantage of the victim’s state of refusal to resist in the same manner as paragraph 2(a) of Article 2.

Summary of Evidence

1. Defendant's legal statement;

1. Recording in a record of the victim C;

1. Each protocol of seizure and the list of seizure;

1. Each statement of the investigation reports;

1. Requests for appraisal, written appraisal, and requests for genetic analysis and appraisal;

1. Application of Acts and subordinate statutes to accusation centers, copies of written request for interior fences, certified copy of resident registration, and family relation certificates;

1. Article 7(4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are applicable to the crimes, and the choice of punishment;

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