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(영문) 인천지방법원 부천지원 2018.09.21 2018고합73
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

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

Reasons

Punishment of the crime

1. From February 18, 2018 to February 28, 2018, the Defendant: (a) within the Defendant’s house located in the apartment B apartment B apartment at Jungpo-si, Kimpo-si; (b) inside the Defendant’s house located in the victim D (one’s name, credit, 12 years old); (c) put his hand into the victim’s panty line; (d) put the victim into the victim’s panty line; (c) put the victim out of the clothes, put the victim out of the bed, put the victim into the bed on the bed; and (d) inserted the sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a minor under 13 years of age once.

2. An indecent act committed by a minor;

A. On the day as set forth in Paragraph 1, the Defendant committed an indecent act against a minor under the age of 13, with the victim E (a person under the age of 9)’s chest as clothes, and rhythizing the sound above the clothes.

B. From March 1, 2018 to March 17, 2018, the prosecutor specified the date and time of the crime in this part as “from March 1, 2018 to March 18, 2018.” However, the victim E visited the Defendant’s house last, the time at which the victim E visited the Defendant’s house was reported to the police on March 17, 2018, and on the same day, the date and time of the crime in this part is set as above.

At the home of the above defendant, the defendant committed an indecent act against a minor under the age of 13 by raising the above victim E rank and placing the chest by entering the house.

Summary of Evidence

1. Statements recorded CDs with D or E;

1. Legal statement of witness F;

1. Expert opinion on child sexual assault case (D, E);

1. Application of the Acts and subordinate statutes on internal investigation reports (such as the details of reports), investigation reports (whether or not CCTV is installed and read), photographs,G conversations by capturing CCTV images, and photographs and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 305, 297 of the Criminal Act that choose a punishment (the point of rape of a minor), Articles 305 and 298 of the Criminal Act (the point of coercion of a minor, the point of coercion of a minor, the choice of imprisonment with prison labor);

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be the penalty provided for the crime of rape of a minor with the largest punishment);

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