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(영문) 인천지방법원 부천지원 2016.07.20 2016고합103
미성년자의제유사강간
Text

A defendant shall be punished by imprisonment for two years.

A seized dieselel (No. 3) shall be confiscated.

80 hours per the defendant.

Reasons

Punishment of the crime

On April 2016, the Defendant became aware of the victim E (one year old, remaining, and 11 years old) through D around April 2016, and suggested that the Defendant would have come directly to the victim while exchanging the instant pictures by transmitting the pictures of each other to the F Messen.

On May 6, 2016, around 21:00, the Defendant moved the victim to the first side of the toilet before the fourth-story male toilet.

After the defendant exceeded the victim's panty and panty, the defendant gets off the victim's sexual organ by hand, kids the victim's sexual organ above and below it, kids the victim's sexual organ above and below it, kidds the defendant's sexual organ prepared in advance, and continuously kids the sexual organ after the defendant gets out of it.

After the defendant was seated, the defendant put the victim into the defendant knee kne, added the victim's sexual organ into the victim's resistance, after deducting the victim's sexual organ as the victim complained of suffering, then putting the victim's sexual organ into the victim's right side and then breaking the victim's sexual organ into the victim's resistance.

Accordingly, the defendant raped a minor under the age of 13.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of statements made to E;

1. Existing presence of a seized diesel (No. 3);

1. Application of Acts and subordinate statutes on the screen by capturing the F course;

1. Relevant Articles 305 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age and occupation, the type and motive of the crime, the process of the crime, and the result thereof.

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