(영문) 부산지방법원 2009.8.14.선고 2009고합385 판결

A defendant shall be punished by imprisonment with prison labor for a maximum of two years and six months and by a short of two years. 66 days of detention before the sentence is rendered shall be included in the above sentence.

Reasons

Criminal History Office

The Defendant was the victim C1 (Min, 1996 birth)’s death. Around March 201, 201, her mother was remarried and no longer supported by her guardian, and the victim was able to receive support from her guardian. From January 2007, her mother was able to live together with the Defendant at the Defendant’s house located in Gyeongsung-gun’s name in Gyeongsung-gun’s name in 2007.

1. Rape in the horse on August 2008;

At the end of August 2008, at around 14:00, the defendant had a mind to rape the victim (at the time 11 years old) who was living in his house at the above defendant's house.

The Defendant, on the part of the Defendant, she was placed on the bed of the Defendant’s room, and tried to be off the clothes, but the victim she saw it against the victim “I Mad.,” and she saw it as “I mad.,” and she saw the victim as “I Mad., Mad., Mad., Mad., Mad., Mad., Mad., Mad., Mad.

2. Rape on September 15, 2008;

At around 14:00 on September 15, 2008, the Defendant thought that at the home of the Defendant located in Dopo-ri, Sipo-ri, Sipo-ri, Sipo-si, Sipo-si, Sipo-si, 200, the Defendant was able to rape the victim (at that time).

The Defendant, “Iskick Television..................................., the Defendant, who was in the Defendant’s room, tried to put the victim lying on the floor and be off from the clothes on the floor, and resisted against the victim “Iskken .................................................., the Defendant

3. Rape in the sentry on October 2008.

On October 1, 2008, at around 10:00 on the first day of October 2008, the Defendant thought that, at the home of the victim located in Gangseo-gu Busan Metropolitan City, the Defendant would rape the victim while working on a computer with the victim (at the time of 11 years of age).

The Defendant, on the floor, laid the victim on the floor, told the victim at which reflective resistance is detained due to continuous sexual assault as seen above, saying, “this is the last time. It is only possible to do so at this time, and was off all the clothes of the victim, and raped the victim by having sexual intercourse once. Accordingly, the Defendant raped the victim who is a minor under the age of 13 over three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with C1;

1. Investigation reports (Attachment of text messages) and photographs of text messages attached thereto and investigation reports (to hear statements by the complainants);

1. Complaint;

1. Each explanatory note;

1. Answer to a request for the delivery of a certified transcript (investigative record, 67 pages), a certified copy or abstract of resident registration (C1), or a certified copy or abstract;

Application of Statutes

1. Article applicable to criminal facts;

Article 8-2(1) of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, and Article 297 of the Criminal Act

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of the punishment prescribed in paragraph (3) of the same Article, which is the largest offense)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (including the favorable circumstances required for the reasons for the following sentence):

Articles 2 and 60(1) of the Juvenile Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Reasons, etc. for sentencing

1. In full view of the following facts: (a) the Defendant was raped on three occasions by the victim who is a deadly disabled person; (b) the victim’s age is merely 11 years of age; (c) the victim was pregnant and gave birth to the victim due to the instant crime; (d) the Defendant left a mental, physical, and upper body that makes it impossible for the victim to live together; and (c) the Defendant had already been raped on one occasion by around 2007, which is the transfer of the instant crime, even before the instant crime, even though the Defendant was a 15-year juvenile, the Defendant may not be severely punished because the nature of the crime or the result of the crime is too unreasonable: Provided, That the fact that the Defendant is a 15-year juvenile, the fact that the victim was born or burned, and that there was an agreement with the victim

2. Where a conviction against the defendant is finalized, the defendant falls under a person subject to registration of personal information pursuant to Article 32 of the Act on the Protection of Juveniles against Sexual Abuse and is obligated to submit personal information to the competent authority pursuant to Article 33 of the same Act.