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(영문) 대전지방법원 2014.12.24 2014고합201
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A person shall be punished by imprisonment with prison labor for three years and by imprisonment with prison labor for the remaining crimes in the judgment of the defendant, respectively.

Reasons

Criminal facts

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daejeon District Court on August 24, 2012, and the judgment became final and conclusive on August 24, 2012, and completed the execution of the sentence on December 15, 2013.

【Criminal Facts】

The defendant is the child of the victim C(M, N, 198) and the victim D(M, F, 200).

From around 2002, the Defendant had raised the victims of the married after hedging with the Defendant’s wife, and had committed violence against the victims of the sexual intercourse from time to time.

[2014Gohap201: Crimes against Victims C]

1. On January 201, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) inserted the Defendant’s sexual organ one time in the sexual organ of the victim C, who did not refuse to do so, and refused to do so, in the middle-gu E apartment △△-dong, Jung-gu, Daejeon, Daejeon, by drinking and launchinging the body of the victim C (at the time of 13 years of age), and led the victim C (at the time of c) to suppress resistance, and was forced to be off his/her clothes to the victim C, but the victim C tried to continue to be off his/her clothes, and then inserted the Defendant’s sexual organ

Accordingly, the defendant raped the victim C, who is a child or juvenile.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. From around 11:00 on February 6, 2014 to around 12:00, the Defendant made the victim C, who saw a bath at a bath, and saw the victim C, out of the public bath, and made the victim C inside the public. Based on frequent assault by the Defendant at ordinary times, the victim C off the victim C’s clothes and put the Defendant into the victim’s sexual flag at one time.

Accordingly, the defendant had sexual intercourse with the victim C who is a child or juvenile by force.

B. On February 2, 2014, between around 00:00 and around 01:00, the Defendant used the victim C’s act of assaulting the Defendant in a usual peace room, thereby leaving the Defendant in secret and resisting the Defendant.

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