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(영문) 창원지방법원 2018.06.14 2018고합34
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

A defendant shall be punished by imprisonment for ten years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Reasons

Punishment of the crime

The defendant is the father of the victim B (son, December 2006).

1. When the Defendant was divingd at the Defendant’s home located in C from March 2016 to August 2016 with his spouse D and the victim (nine years) at night, the Defendant had sexual intercourse with D and her spouse, and had D and her mind to have sexual intercourse with the victim, with the victim’s mind to have sexual intercourse with the victim. The Defendant inserted the victim’s sexual organ on the victim’s body into the negative part of the victim’s body, inserted it into the victim’s body, and had the victim interfered with the victim’s refusal, and had sexual intercourse with the victim by continuously sexual intercourse with the victim’s sexual intercourse.

2. On March 1, 2017, the Defendant, at a night on March 2017, 2017, was divingd with D and the victim’s house at the Defendant’s house of building E E, and was sexual intercourse by inserting the victim’s body on the part of the victim’s body, with D and the victim’s locking out, with the intent of having sexual intercourse with D and the victim’s locking.

Accordingly, the defendant, taking advantage of the mental and physical loss of the victim, has quasi-rapeed the victim with interest under the age of 13 over two times.

Summary of Evidence

1. Legal statement of the witness D;

1. Part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. To notify the victim's statement stenographic records, video CDs, and the results of the victim's statement analysis;

1. A written diagnosis on victims and D;

1. Report on the occurrence of rape by blood;

1. Domestic history reports (as to reported matters, confirmation of the measures taken by specialized child protection agencies, telephone conversations of victims, statement analysis expert opinion - expert opinion on child sexual assault case against children under 13 years of age, analysis and summary of victim B's statement, telephone conversations related to cooperation by victim's mother D witness's oral statement, victim's family relation certificate, etc. - confirmation of resident registration list, family relation certificate, marriage relation certificate, victim's family relation relation certificate, victim's family relation report contents - statement of reported case processing case, summary of H specialized child protection agency case report, etc.

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