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(영문) 인천지방법원 2017.09.15 2017고합433
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

The defendant and the victim were living together at the time between the victim C (the 10-year old and the 10-year old and the 10-year old and the 10-age family

On April 2007, the Defendant, at a small room used by the Defendant, DDB02, at the end of Syang-si, was franchising TV with the victim to have sexual intercourse with the victim while viewing TV, had the victim take the hand of the victim, had the victim sexual intercourse with the victim, had the victim sexual intercourse with his sexual organ, added his hand to the victim's body, and prevented the victim from resisting against the victim's body by "I amb and do not sat the end of the arm's body," and inserted his panty and panty into the part of the victim's body.

Accordingly, the Defendant had sexual intercourse once by force with a victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the victim C, E, and F;

1. A copy of a detailed statement of medical treatment;

1. Application of Acts and subordinate statutes to report internal investigation (G childbirth and confirmation of medical records), investigation report (the scene of crime and specific year of damage);

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); Article 8-2 (5) and Article 8-1 of the former Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 8852, Feb. 29, 2008) [the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. As to the instant crime, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012); Article 20 of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007) where no order to disclose or notify was issued and no obligation to register personal information was available, the instant crime is deemed to have been committed.

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