아동ㆍ청소년의성보호에관한법률위반(위계등간음)
A defendant shall be punished by imprisonment for a maximum term of two years and six months, and a short term of one year and six months.
The defendant shall be treated with sexual assault for 160 hours.
Punishment of the crime
The defendant, together with two friendships, served together with the victim C (n, 15 years of age) and two persons on the day of the instant case.
On July 7, 2015, the Defendant: (a) around 23:30 on July 23:3, 2015, in front of the Escopic Party D in Ansan-si, the Defendant: (b) was drunkly fluenced by the victim, who was fluent, was influencing the victim’s body, was fluencing the victim’s body, and she was fluencing the victim’s body, and she was flucing the victim’s her hand into the victim’s own upper part; (c) continued to have the victim’s her chest by brucing the victim’s scoph with the victim’s scophy; and (d) inserted the victim’s sexual organ into the part of the victim
(A) The Defendant continued to engage in the primary sexual intercourse (hereinafter referred to as “the primary sexual intercourse”). The Defendant, under the influence of breathing the victim’s crepits in which the behaviors are gathered, she laid off the victim’s body on the floor and forced him/her to leave the victim’s seat on his/her hand, and inserted the Defendant’s sexual organ into the part of the victim’s sexual intercourse (hereinafter referred to as “second sexual intercourse”). Accordingly, the Defendant, by force, committed two-time sexual intercourses with the victim, who is a child or juvenile.
Summary of Evidence
1. The witness F, G, H, I, and the J counsel argued that the content that the J made the Defendant to the effect that “the Defendant had sexual intercourse with the victim,” among the statements by the witness J, cannot be deemed admissible under particularly reliable circumstances. However, according to the evidence of this case, the said J was the first J to introduce the Defendant’s daily behavior and the victim’s daily activity. On the following day of the instant case or following day of the instant case, the said J and the Defendant had talked about the said talk by themselves, and the facts that the said J and the Defendant had a close relation between the said J and the Defendant at the time, etc. are recognized.