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(영문) 수원지방법원 2013.07.25 2013고합320
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant is a person who works as a delivery source in the "E in the wife population D at the time of acceptance."

At around 20:30 on May 8, 2013, the Defendant: (a) arrived at the meeting of the victim G (at the age of 8) located in the place where the cash knife is located, and (b) asked the victim that “the victim and the victim are in a house where he is in a house where he is in a house where he is in a house where he is in a house where he is in a house where he is in a house; and (c) asked the victim that “the victim is in a house where he is in a house where he is in a house.” In order to rape the victim, the Defendant tried to have the victim

The defendant entered the above house living room and called the victim's "one-to-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-half-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one person who was unable to get off the victim's seat without doubt, and tried to get off the victim's seat by hand without doubt. However, while the victim tried to get out of the victim's seat by hand, the victim's cell phone was sound, and the victim went away from the above house as it was.

As a result, the defendant tried to rape a woman under 13 years of age, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Stenographic records concerning G;

1. Application of Acts and subordinate statutes to a letter of complaint filed in G preparation, investigation report (Evidence List No. 1), victim's green structure forest, and written agreement;

1. Article 14 and Article 7(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Article 297 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012);

1. Voluntary mitigation of crimes under Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. Discretionary mitigation;

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