beta
서울남부지방법원 2020.05.22 2020고합129

아동ㆍ청소년의성보호에관한법률위반(강간등치상)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 27, 2019, the Defendant entered the facts charged in the indictment in the instant case from November 28, 2019 to November 29, 201:40; however, according to relevant evidence, such as CCTV, the instant crime appears to have occurred between the Defendant and the Defendant from November 23:40 on November 28, 2019 to October 01:00.

Since this seems to be a simple clerical error in the facts charged, it is necessary to recognize the date and time of the crime based on the relevant evidence, such as CCTV CDs.

The Defendant has led to the entire confession of the instant crime, and his defense counsel also reviewed all relevant evidence through the inspection and copying of the evidence records. As such, even if the date and time of the instant crime were modified, it does not seem to specifically hinder the Defendant’s exercise of defense right.

During the process of drinking alcoholic beverages with the victim D (n, 15 years of age) known through the " Pestbook" in front of the Seoul Gangseo-gu Seoul Metropolitan community service center, the victim was forced to go home by putting less than the back of the victim who intends to return home, and the victim forcedly sits into the buck, so that the victim could not come up at the house by threatening the victim by threateninging the victim, "I am Mad. Mad. Had. Had. Had. Had. Had. Had. Had. Had. Hadbbbbb", the buck of the victim who was seated with the buckbbbbbbbbbs, and continued to put the bucks of the victim, and the victim was forced to go home with the victim's body by putting the victim's arms in front of Gangseo-gu Seoul Metropolitan Government E on November 28, 2019.