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(영문) 서울중앙지방법원 2019.03.22 2018고합1051
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of five years.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On May 15, 2015, from around February 16, 2017 to around February 16, 2017, the Defendant was hospitalized in C Hospital located in Dobong-gu Seoul Metropolitan Government as a shock disorder, activity disorder, and a state of caution disorder, and had the victim D (the age of 11 at that time) who was hospitalized with the Defendant at the above hospital, was interested in the Defendant, and had the victim’s age at the age, and had not yet been able to have sexual intercourse with the victim.

1. Preparation of, rape in a minor;

A. On February 9, 2017, around 13:00, the Defendant: (a) 13:00, around C Hospital 5th floor, brought the victim (at that time, 11 years of age) into a nearby shower room; (b) kid the victim’s chest with alcohol; (c) kid the victim’s chest by hand; and (d) kid the victim’s breast on the floor; and (d) kid the victim’s body above the victim’s body, laid off the boom and clothes on the floor; and (d) inserted the victim’s sound part into the victim’s body.

B. At around 14:00 on December 27, 2017, the Defendant danced the victim’s (the age of 12 at that time) from the emergency stairs in the third floor of the parking lot under the 3rd apartment building E-dong, Seoul Special Metropolitan City, Nowon-gu, the Defendant left the victim’s chest by hand, let the victim be off the bridge and the clothes, and put the victim’s body above the victim’s body into the part of the victim’s sound.

C. At around 16:00 on January 16, 2018, the Defendant, at the third floor parking lot of H points located in Gangseo-gu Seoul Metropolitan Government, had the victim talk with his/her chests of the victim by hand, let the victim deviate from his/her mouth and clothes, and put him/her on the floor, and added his/her body to his/her sound part.

Accordingly, the defendant has sexual intercourse with the victim under the age of 13 over three times.

2. On March 21, 2018, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13) reduces the victim (the age of 12 at that time) from emergency stairs in the third-class parking lot of the E-dong apartment in Seoul Special Metropolitan City, Nowon-gu, Seoul.

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