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(영문) 전주지방법원 2019.05.16 2019고합46
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

As of December 8, 2010, the defendant reported the marriage with the mother B of the victim (which is currently 16 years of age) on December 8, 2010, and is a person in a legal marital relationship with the victim, who is in a relationship with the victim's sheshesheshesheshes and she

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under thirteen years of age) and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On June 201, the Defendant: (a) committed several assaults at the center of the victim (at the time, nine years old); (b) in order to encourage the victim to have sexual intercourse on the grounds that the victim made a false statement; and (c) in order to encourage the victim to resist by threatening the victim, such as “I will die when I will die”; and (d) prevented the victim from resisting the victim by threatening the victim; and (e) forced off the victim’s clothes; (e) put the victim’s fingers in his sexual organ into the victim’s sexual organ; and (e) inserted the victim’s fingers into the victim’s sexual organ, thereby having sexual intercourse once.

Accordingly, the defendant raped the victim who is a minor under 13 years of age and is related to him by assault or intimidation.

B. On February 2014, the Defendant: (a) at the house of the victim (the 12 years of age at that time) located in Sogjin-gu Seoul Special Metropolitan City; (b) in order to have sexual intercourse with the victim who covered the said payment and reported TV; and (c) in order to keep the victim’s chest and sexual organ from the aftermath; (d) prevented him from resisting the victim, who is fright in the brue due to rape over a long time, indecent act by compulsion, etc.; and (e) made one-time sexual intercourse by taking advantage of the victim’s rear side.

Accordingly, the defendant raped the victim who is a minor under 13 years of age and is related to him by assault or intimidation.

2. The defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act by force in relation to relatives) shall be under the clothes of the defendant's knife parked in E camping site located in the knife-gun, knife-gun.

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