(영문) 대구지방법원 김천지원 2014.04.18 2013고합144

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(영문) 대구지방법원 김천지원 2014.04.18 2013고합144

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 100 hours.

Reasons

Punishment of the crime

On January 30, 2013, the Defendant: (a) accessed N.V. C., and discovered out that the victim D (the 12 years of age) was able to find a person to move back to his house; (b) had sexual intercourse with the victim’s house; and (c) had the victim called “(b) with the Defendant’s house.” (d) had the victim called “I will come to go to go to her house and return to her house”; (b) had the victim called “I will go to go to her house,” and (c) had the victim go to the Defendant’s residence in G. M. E. E. 502 on the same day with the knowledge of the fact that the victim was under the age of 13,00, around 20:00 on the day.

1. At around 02:00 on January 31, 2013, the Defendant, at the small room located in the Defendant’s residence, was off from, and down from, the part of the victim, left the panty, left the victim’s chest, etc., and kis the victim’s chest, etc., left the victim’s chest on his/her hand, and kis the victim’s body was inserted into the part of the victim’s sound, thereby having sexual intercourse once.

2. On January 31, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13) charged with the victim’s sexual intercourse at the same place as indicated in paragraph (1) at a time radius of 01:0 p.m. on February 1, 2013, and on February 2, 2013, when the victim rejected the victim’s body, but the victim attempted to go out of the victim’s body while refusing to “a person who does not want to do so, I am,” cut off the victim’s arms, block the victim’s arms, prevent him from going out of the victim, and forced the victim from getting out of the victim’s body, cut off the victim’s upper part, and panty the victim’s breast, etc. from the victim’s body, put the victim into sexual intercourse with the victim’s body by inserting it out of the victim’s body, respectively.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Each video CDD statement;

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