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(영문) 서울중앙지방법원 2019.09.25 2019고합378
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the father of the victim B (a family, female, 12 years old).

The Defendant, around 05:00 on March 28, 2019, tried to engage in sexual intercourse by inserting the victim's panty, who entered the house of the Defendant 】 (the victim's house) from the room used by the victim, and inserting his sexual organ into the negative part of the victim, but the Defendant did not intend to engage in attempted sexual intercourse.

Accordingly, the defendant tried to rape the victim by taking advantage of the state of non-competence of the victim who is a minor under 13 years of age.

Recognizing the attempted crimes included in the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-rape in relation to relatives), the criminal facts are recognized as above without changing the indictment to the extent that

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and B;

1. Statement of D police statement;

1. Stenographic records and video CDs;

1. A response to each request for appraisal (Nos. 20,24 of the evidence list), and a gene appraisal report;

1. Family relation certificate:

1. Report of investigation (Attachment to photographs taken of suspect's house), application of photographic Acts and subordinate statutes;

1. Articles 15, 7 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act (the point of attempted quasi-rape for a minor under the age of 13), Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age with heavier punishment) ;

1. Selection of punishment and limited imprisonment;

1. Article 25(2) of the Criminal Act for mitigation of attempted crimes

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