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(영문) 대전지방법원 2016.02.04 2015고합391
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Defendant

In addition, the person who requested the attachment order and the person who requested the order to observe the protective order (hereinafter referred to as the "defendant") are the subjects of the victim D(n, 12 years of age).

The defendant feel sexual desire to sexual intercourse with the ordinary victim, and the victim was sexual intercourse by force using the fact that the victim is a child who is a child with whom it is difficult to easily refuse the demand of the defendant for the denial of sexual intercourse.

1. The Defendant’s attempted sexual intercourse is: (a) in the Defendant’s house room located in Daejeon Seo-gu E-Ba 203 at the early wintering time on 2014; (b) in the Defendant’s house located in Seo-gu, Daejeon E-Ba 203; (c) in his/her family members, who were immediately next to the victim’s house by taking advantage of his/her cresh and inserting his/her sexual organ into the victim’s sound part; and (d) in his/her sexual organ, the Defendant complained of his/her pain or her pain.

The victim said that he was able to engage in sexual intercourse by inserting the bridge to be punished and inserting the sexual organ again, but the wife who was on the side did not achieve his intention on the wind, but did not commit an attempted crime.

2. Points of similarity;

A. From Jun. 2015 to Jun. 7, 2015, the Defendant was placed in the Defendant’s house located in Daejeon Seo-gu Seoul Metropolitan Government F apartment 204 at the new wall time, and was placed in the victim’s clothes by creshing all family members in the small room where the victim is suffering, and intending to put the victim’s clothes into the victim’s sound part, but the victim complained of pain and did not have the victim’s sound part of suffering. In addition, the Defendant was placed in the victim’s sexual organ by putting the victim’s head into the victim’s hands.

B. On August 2015, at the same place as described in the above A, the Defendant: (a) went off the victim’s clothes by creshing his body in the small room in which all of his family members are locked; and (b) tried to insert his sexual organ into the victim’s negative part; (c) the victim complained of her pain and did not have the victim’s negative part; and (d) put his finger into the victim’s negative part at the victim’s negative part; and (e) put the victim’s finger at that place.

Summary of Evidence

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