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(영문) 청주지방법원 2013.12.13 2013고합97
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Reasons

Criminal facts

The defendant is a neighboring resident living in the same Dong Dong Dong Dong Dong as the victim D (Min, Dec. 198, 198), and the victim of intellectual disability 2 has not established a proper sexual moral norm or values, and the degree of understanding and judgment on right and wrong's name is very low compared to his age. In a situation where his father, third village, etc. is exposed to continuous violence or verbal violence from his father, etc., and his house does not want to do so, the defendant is good and good, and the defendant is able to see clothes and shoes, and the defendant often play in his house, and the defendant is able to commit indecent act or sexual intercourse with the victim by using the fact that he follows the purport of the defendant without a separate resistance.

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act such as Minors;

A. On June 2010 through July 2010, the Defendant told the victim D (the age of 11 at that time) who was playing in the Defendant’s house at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to take a bath, she is off the victim’s clothes and booms the victim’s body, and requested the victim to take the part of the Defendant’s sexual organ after the bathing was completed, but the victim refused to take the part of the Defendant’s sexual organ. However, the Defendant committed an indecent act by force against the victim under the age of 13 by having the victim take the Defendant’s sexual organ by hand.

B. At around 14:00 on October 2010, the Defendant committed an indecent act against the victim under 13 years of age by force by putting his/her chest into the Defendant’s house and opening TV at the Defendant’s house (at the time, 11 years of age) and putting him/her on the part of the victim D (the 11 years of age at that time, putting his/her finger into the Defendant’s house, putting him/her on the part of the victim, standing him/her on the part of the victim, and refusing it.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, deceptive scheme, etc.).

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