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(영문) 인천지방법원 부천지원 2014.01.24 2013고합233
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor similar act under the age of 13) is between the victim D (Inn, 12 years of age) and the de facto marriage relation for about one year prior to the victim E, and the above victim’s friendship is between the victim and the defendant and the defendant, who is in the same place as the defendant’s residence in the above E and the above 302 Sincheon-gu F apartment1, 302.

At early 01:00 on October 2013, the Defendant, while being drunk at the victim’s home room in the above Defendant’s residence, forced to take the victim’s breast and fluor, regardless of the victim’s refusal intention, and forced to take the victim’s breast and fluor, and put the victim’s finger and fluor, regardless of the victim’s refusal intention.

Accordingly, the defendant committed similarity to the minor victim under 13 years of age.

2. On October 25, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13) followed alcohol as mentioned in the preceding paragraph at the same place as described in the preceding paragraph at around 03:00, and caused E to leave the victim, and caused E to leave the victim, and forced the victim to take the victim’s hand, thereby having the victim’s sexual organ, forced the victim to take the victim’s hand, and prompt the victim’s sexual organ by taking the victim’s head, and, even if the victim was pushed the Defendant by his hand, raped the victim’s resistance by force after suppressing the victim’s resistance, and sexual intercourse once.

Accordingly, the defendant raped the victim who is a minor under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the result of an adequate appraisal in the case of an emergency);

1. Application of Acts and subordinate statutes governing recording of statements;

1. Relevant legal provisions concerning criminal facts, Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, and Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a similar act);

1. The punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, which shall be aggravated for concurrent crimes.

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