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(영문) 춘천지방법원 원주지원 2017.09.06 2017고합42
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

A defendant shall be punished by imprisonment for ten years.

The attachment of an electronic tracking device shall be 15 years to the person who has requested the attachment order.

Reasons

Punishment of the crime

The defendant and the person who requested an attachment order (hereinafter referred to as "defendant") are punished by imprisonment with prison labor for two years, with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (rape, etc. against Persons with Disabilities) on April 9, 2009 and with probation for three years on April 17, 2009.

[2] The Defendant, as a relative of the victim C (V, 11 years of age), was living together in the Defendant’s residence from around 2010. The Defendant, as a victim of the third level intellectual disability, has weak ability to discern things and make decisions, and was unable to easily refuse his/her request due to his/her father’s economic and mental significance. As a victim of the third level intellectual disability, he/she was raped with the victim and she was forced to commit indecent acts.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an interval between minors under the age of 13 and fraudulent means, etc.);

A. On January 2016, 2016, the Defendant, at the Defendant’s house located in the Defendant’s house located in ○○○○-si, △△△△△△△, left the victim C (at that time, 10 years of age) who reported television at the Defendant’s house located in the Defendant’s room, and had the victim promptly put the victim’s sexual organ into the victim’s sexual organ, left the victim on the floor and down the victim’s knee part and knee part, and sexual intercourse with the victim under 13 years of age by inserting the victim’s sexual organ on the body.

B. From March to April, 2017 to around 16:00, the Defendant discovered the victim C (at the time, 11 years of age) at the Defendant’s house toilets, such as the Defendant’s clause, and laid off the clothes on the floor, carried the victim’s body, and kid the victim’s body. The Defendant refused to do so, she, she laid the victim’s body on the floor, laid the victim’s body on the part of the victim’s body, laid the victim’s sexual organ on the victim’s body, and she sexual intercourse with the victim under 13 years of age by inserting the victim’s sexual organ into the victim’s negative part.

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