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(영문) 수원지방법원 2018.11.29 2018고합265
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

A defendant shall be punished by imprisonment for seventeen years.

The defendant shall be ordered to complete a sexual assault treatment program for 200 hours.

Reasons

Punishment of the crime

The Defendant 20 years old and 20 years old and her spouse was divorced from his spouse at that time, and around March 201, the Defendant began to live with the victim who was born by a middle school student and his mother and her mother was able to raise the victim.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape of minors under the age of 13) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act, such as a deceptive scheme

A. On June 201, the Defendant: (a) was off from the Defendant’s house living in Suwon-si C; (b) was off from the Defendant’s house living in Suwon-si; and (c) took part in the Defendant’s body with two arms, and had sexual intercourse once with the victim.

B. Even if the Defendant continued to commit a indecent act against the victim frightened due to the act of paragraph 1(a), in light of the applicable legal provisions and the investigation report (439 pages of investigation records) written in the indictment for indecent act by force with the knowledge that the victim would not actively refuse or resist the victim, even if the Defendant committed an indecent act against the victim frightened due to the act of paragraph 1(b), the prosecutor indicted the victim under the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act, such as a deceptive act by minors under the age of 13) on the premise that the victim

Clearly, it is clear to view.

However, the expression “voluntary indecent act” as stated in the facts charged appears to be an expression of indecent act through the exercise of all tangible force against the victim’s will. As such, the facts constituting the crime were not modified separately.

I thought that they would be able to drink.

피고 인은 위 일시, 장소에서 화장실에서 씻고 온 피해자를 보자 엄한 표정을 지으며 “ 씁!” 이라고 말하며 겁을 먹은 피해자의 하의를 벗긴 다음 손으로 피해자의 음부를 1회 만져 위력으로 추행하였다....

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