logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2015.05.28 2015고합27
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

The Defendant, as the prone of the victim C (Y, 9 years of age), was the victim C, and the victim with intellectual disability 2 did not have a normal accident and did not properly express his/her intent of refusal. The Defendant was willing to rape when there is no family by frequently using violence against his/her ordinary family members when there is no family member by taking advantage of the situation which is the object of fear between the family members.

On December 20, 2014, the Defendant: (a) around 20:00, Jinju-si, the Defendant’s residence, (b) 102-dong 1704, the Defendant, at the time of Jinju-si, sent his house to the mother’s mother of the Defendant, who was not the mother of the Defendant, in order to care for his father’s son and son’s son and son’s son’s son’s son’s son and son’s son’s son

When there is a brupt with the victim, the defendant forced the victim's clothes, exceeded the clothes, and the defendant took off the victim's clothes, and she saw the victim resistance twice by drinking the victim's head part of the victim's head. "I am only if I am. I am. I am. I am. I am. I am. I am. I am. I am. I do not am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am..

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement recorded CD;

1. Certificate of the disabled;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

arrow