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(영문) 인천지방법원 부천지원 2017.02.10 2016고합259
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for five years.

To order the accused to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. Around May 2016, the Defendant committed an indecent act under the age of 13 in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13), and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a forced indecent act by blood) at the Defendant’s home located in Incheon Down-A Dong 306, by neglecting the victim E (a family name, female, 10 years of age) who is a sheshel in his/her birth, and by forcing the victim under the age of 13, who was in relatives of the victim’s sexual organ by failing to meet the victim’s sexual organ on his/her bridge.

2. On November 5, 2016, the Defendant: (a) divided the body of the victim into arms and legs at the place specified in paragraph (1) around 23:00 on November 5, 2016; (b) led to rape by inserting the victim’s sexual organ into the negative part of the victim; and (c) resulting in rapion by taking the victim’s sexual organ into the negative part of the victim; and (d) resulting in the victim’s blood transfusion, etc. in which the number of days of treatment cannot be identified.

Accordingly, the defendant raped the victim under the age of 13 and caused the injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against name E or F;

1. A copy of a medical certificate or medical record;

1. Photographs, etc. of the skin;

1. A family relation certificate, a certified copy of resident registration, a certified copy of resident registration, or a removed copy;

1. Application of Acts and subordinate statutes to reply following a request for appraisal;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 298 (a) of the Criminal Act, Article 5 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed by compulsion of kinship by blood), Articles 8 (1), 7 (1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed by a minor under the age of 13), Articles 8 (2) and 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed by rape by blood relatives);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (an indecent act committed by a minor under the age of 13) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes as stated in the crime No. 1 of the Criminal Crimes.

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