(영문) 부산지방법원 2015.05.22 2014고합824

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(영문) 부산지방법원 2015.05.22 2014고합824

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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A defendant shall be punished by imprisonment for eight years.

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

Reasons

Criminal facts

The defendant and the requester for an attachment order (hereinafter referred to as the "defendant") were sentenced to a suspended sentence of three years on November 14, 2008 due to the crime of attempted rape at the Busan District Court.

【Criminal Facts】

1. On November 29, 2014, around 14:30 on November 29, 2014, the Defendant: (a) discovered the victim D (10 years of age) living in the upper floor of the first floor of multi-household housing located in Seo-gu Busan, Seo-gu, Busan; (b) discovered the victim D (10 years of age) and had the victim sexual intercourse

The defendant, "I am, I am, I am back to the house," followed the victim's left arms and shoulders, and moved the victim into the house.

Accordingly, the defendant kidnapped the victim for sexual intercourse.

2. The Defendant: (a) went into room the victim under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) forcedly placed the victim who did not resist his mind on the bed; (c) placed the victim on the bed; and (d) laid off the clothes of the victim up to the bed; and (d) placed the victim off the clothes up to the bed to the panty; and (d) exceeded the clothes of the Defendant.

On the other hand, the defendant continued to talk with the victim's chests and the part of the victim, and let the victim talk with the victim's sexual organ, and attempted to engage in sexual intercourse by inserting his sexual organ into the part of the victim, but the victim's father was found, and "D. D. D." sound "D. D. D." so that the victim may wear clothes again.

Accordingly, the defendant tried to rape the victim under 13 years of age, but did not commit an attempted crime.

3. The Defendant: (a) heard sound from the victim who tried to rape the victim; and (b) sought to find the victim; (c) ordered the victim to enter the victim into the victim’s sexual harassment by providing that “I am hyd. hyd. hyd. hyd. hyd;”

Accordingly, the Defendant stated the above Paragraph 1.

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