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(영문) 대구지방법원 영덕지원 2016.05.12 2016고합5
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

The defendant brought up victims at the residence of the defendant in Yong-gun E upon the request of the father from January 2015 after the victim C (V, 5 years old, 7 years old, 7 years old), the parents of the victims have divorced.

1. Crimes against victims C;

A. In 2015, the Defendant committed a crime in the name of the Defendant in the middle of 2015, the Defendant left the Defendant’s wife and the victim’s words D’s residence in the middle of the Defendant, and forced the Defendant to leave the part of the victim’s lower and the part of the Defendant’s panty leg, which was placed on the Defendant’s inside and outside of the Defendant, and attempted to inserting the Defendant’s sexual organ into the victim’s sexual organ during the victim’s sexual organ. However, in a situation where the victim’s sexual organ cannot be inserted into the victim’s sexual organ because of the victim’s age, the Defendant did not refuse and continued refusal to engage in sexual intercourse and attempted to do so.

Accordingly, the defendant tried to have sexual intercourse with the victim under 13 years of age by force, but did not have attempted to do so.

B. On October 2015, the Defendant committed a crime around October 2015, the Defendant attempted to have sexual intercourse with the Defendant’s wife and the victim’s words in the absence of D around the Defendant’s residence, by force, in the same manner as the above paragraph (a), but attempted to have sexual intercourse with the victim by force. However, in the situation where the victim’s sexual organ with his age cannot be inserted into a sexual organ because of the minor sex organ, the Defendant did not refuse and continued to refuse to engage in such sexual intercourse and did not reach the wind of refusal.

Accordingly, the defendant tried to have sexual intercourse with the victim under 13 years of age by force, but did not have attempted to do so.

2. On October 2015, the Defendant attempted to have sexual intercourse with the victim by force in the name of the Defendant’s wife and the victim’s birth C in the above residence of the Defendant, and by means of the same manner as described in paragraph 1. However, in the situation where the sexual organ of the victim was small and thus the sexual organ of the victim was not inserted, the Defendant did not reach an attempted sexual intercourse with the wind that the victim did not refuse and continue to refuse.

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