(영문) 대전고등법원 2013.12.23 2013노282 | 리걸엔진

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(영문) 대전고등법원 2013.12.23 2013노282

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

For a period of 10 years, the information on the defendant.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) have not committed an indecent act or sexual intercourse with the victim as stated in the facts charged.

2. Determination on the part of the defendant's case

A. The summary of the facts charged 1) No. 1 of the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc. with minors under the age of 13): A around November 2009, the Defendant stated that the Defendant at the Defendant’s home, “on the part of the victim D (the person responsible for love 8 years of age, would be able to do so)” and had the Defendant’s sexual organ in the victim’s entrance. Although the victim expressed his/her intention to refuse to do so, he/she collected the sexual organ in the victim’s entrance. Accordingly, the Defendant committed an act of inserting the victim’s sexual organ inside the victim’s mouth through assault against the victim under the age of 13: (2) of the facts charged: (a) on October 1, 2012, the Defendant prevented the Defendant from sexual intercourse with the victim’s body at his/her home, and (b) on the part of the victim’s body 10 years of age at his/her port.

Accordingly, the defendant raped the victim who is a child under 13 years of age.

3) Paragraph (3) of the facts charged: (a) on October 23, 2012, the Defendant stated in the facts charged that “the Defendant, at the home of the above Defendant (a minor under the age of 13), went out of the victim’s clothes, exceeded the victim’s body and went out of the victim’s body, made the victim’s sexual organ up of the victim’s sexual organ on his/her hand, and the prosecutor stained the victim’s sexual organ on his/her hand, and led the victim to the victim’s sexual organ on his/her own,” but the lower court ex officio corrected it on the grounds of the victim’s statement at investigation agency.

The circumstances were examined.

Accordingly, the defendant is 13 years of age.

참조조문

-성폭력범죄의 처벌 및 피해자보호 등에 관한 법률

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