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(영문) 창원지방법원 마산지원 2013.07.24 2013고합38
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

Around July 2009, the Defendant: (a) at the Defendant’s house located in the Gyeong-gun F, Gyeong-gun, Gyeong-gun, 2009; (b) the Victim G (the age of 11) was playing together with the Defendant’s father’s pro-Japanese father; (c) had the victim’s mind to have sexual intercourse; (d) the victim’s father was able to bring the victim’s arms out of the house into the room, leading the other victim’s arms, leading to the gap between his father and the house, and resisted the victim’s will and panty, she exceeded the victim’s panty; and (d) took the victim’s body, she tried to escape out of the room, and she took the victim’s body, and she

Accordingly, the defendant had sexual intercourse with a female victim under 13 years of age by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of statutes on experts' written opinions on sexual assault cases against children with disabilities;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010); Article 8-2 (5) and (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (repealed by Article 2 of the Addenda to the Sexual Violence Prevention and Victims Protection Act, Apr. 15, 2010): Provided, That the upper limit of punishment shall be 15 years prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 9765, Jun. 9, 2009; hereinafter the same shall apply), Article 37(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act on the Protection of Children and Juveniles against Sexual Abuse, Act No. 9765, Jun. 9, 2009); Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Provided, That personal information provided with an order to disclose pursuant to Article 5(7) of the Addenda to the same Act shall be limited to the information provided for perusal pursuant to Article 37(4) of the former Act on the Protection of

1. Order to complete a program;

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