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(영문) 대전지방법원 2012.08.24 2012고합109
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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The 1-B and 2-2-year imprisonment with prison labor for the crime of the 1-A in the judgment of the defendant, respectively.

Reasons

Punishment of the crime

On October 24, 2008, the defendant was sentenced to two years of suspension of the execution on August 1, 2008 by the Daejeon District Court for special larceny, and was sentenced to two years of suspension of the execution on November 1 of the same year.

1. Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Minor Rape, etc.)

A. At around 22:00, the Defendant: (a) 22:00 on the Defendant’s residence, and (b) on the part of the Defendant, who was divingd in the dwelling space in the dwelling space of the Defendant (at that time eight years of age), went into the room and opened on the floor; (c) prevented the Defendant from falling off the two arms of the victim who said to refuse to do so on his own head; and (d) led the Defendant to look at the chest and the fluor of the chest and the fluor; and (e) committed an indecent act in line with the victim’s entrance.

B. At around 01:00 on the date of wintering 2008, the Defendant raped the victim by having the mother of the Defendant, who was diving in the inside of his house, enter the said victim (at that time, 10 years of age) at a small size, locking the visit, and continuing to be off the victim, putting the victim on the part of his body, and preventing the victim from resisting the inside of his body, and committing rape once by having the victim do so.

2. Around 23:00 on February 12, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) was raped by having the victim engage in sexual intercourse once, with the victim, who was off from the Defendant’s residence room located in Chungcheongnam-gun G, Chungcheongnam-gun, and was also off from the Defendant, and was able to put the Defendant’s sexual organ into the victim’s sound book, but the victim resisted the victim’s refusal to do so.

Where a conviction becomes final and conclusive against a defendant who has registered personal information for each crime against a child or juvenile, Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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