logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2014.04.18 2014고합67
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

1. The defendant shall be punished by imprisonment for five years;

2. An order the accused to complete a sexual assault treatment program for 80 hours;

Reasons

Punishment of the crime

1. 피고인은 2014. 2. 22. 04:00경 안산시 단원구 C 건물의 302호에서, 잠을 자고 있던 5촌 조카인 피해자 D(여, 7세)을 보고 성욕이 생겨, 피해자의 바지와 하의 속옷을 벗긴 다음 피해자가 키우던 강아지를 피고인의 가슴에 안고 강아지로 하여금 피해자의 항문을 수회 핥도록 하였다.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist under 13 years of age.

2. The Defendant reported that the victim E (V, 22 years of age) of the fifth degree of knife was under the influence of alcohol, exceeded the victim’s brea and clothes under the victim’s breath and lower clothes, and attempted to put the victim’s breath into the part of the victim’s body as soon as possible, and the body breath to put the Defendant’s sexual organ into the part of the other victim’s body located above the victim’s body. However, the Defendant did not go against the wind that the victim booms the Defendant.

Accordingly, the defendant tried to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. Application of Acts and subordinate statutes governing recording recording of D's statement;

1. Article applicable to criminal facts;

(a) The occupation of quasi-indecent acts by compulsion of minors under the age of 13: Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act;

(b) The point of attempted quasi-rape: Articles 300, 299 and 297 of the Criminal Act;

2. Legal mitigation: Articles 25 (2) and 55 (1) 3 of the Criminal Act;

3. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor Rape, etc. under thirteen years of age with heavy punishment).

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

5. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

arrow