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(영문) 대전지방법원 2020.12.18 2020고합380
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
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A defendant shall be punished by imprisonment for ten years.

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

Reasons

Punishment of the crime

The defendant is a de facto marital relationship with the victim B(n).

1. Around August 2017, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor, quasi-act by compulsion in the capacity of relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) thought that a victim (a person aged eight years old at the time) who satisfy in the house of the Defendant located in Mok-gu, M

As a result, the Defendant attempted to commit an indecent act by taking advantage of the victim’s state of impossibility to resist who is a minor under 13 years of age, but did not have been able to resist because the victim was not locked at the time.

2. On December 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Minors under thirteen years of age). On December 2, 2019, the Defendant forced the victim (the 10 years of age at that time) to be out of the victim’s panty and pande another victim’s resistance listed above the victim’s body, and inserted the sexual organ into one part of the victim’s sound.

Accordingly, the defendant raped a minor victim under the age of 13 who is a blood relative.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The video CD and stenographic records of B;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on statement analysis opinions;

1. Articles 15 and 5(3) and (2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 299 of the Criminal Act, Articles 15 and 7(4) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the Criminal Act.

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