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(영문) 창원지방법원 마산지원 2017.10.13 2017고합29

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant was in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (competence) at the dormitory of E, Inc., Ltd., Ltd., Ltd., D around 22:30 on April 13, 2017, the Defendant, using his/her mobile phone, talked with the victim He/she with the victim H (Y, 15 years of age, and household name) who used the name of “G” by accessing the F, using his/her mobile phone, thereby reducing one million won.

The proposal obtained the victim's consent, and the same day, around 23:00 on the same day, the victim became the victim in the nearest Jmat in the Haak-gun of the Haan-gun of the Haak-gun.

At around 23:30 on the same day, the Defendant lying the victim into a L park located in K with a view to rapeing the victim in spite of having expressed his intention to refuse to engage in sexual relations, and showing the same attitude as inducing the victim to be rape in a case of refusal of sexual relations, and making the victim forced to take the arms of the victim into force, let the neck down on the just floor of the jum and panty, and put the victim out from the jum and panty, and put the victim into the jum of the victim’s anus. The Defendant inserted the sexual organ into the part of the victim’s anus, put the victim into the inner part of the river, put the victim into the inner part of the victim’s resistance, put the victim into anus into the victim’s resistance.

In that sense, the Defendant instructed the victim to promptly leave the victim’s sexual organ so that the victim can be raised rapidly, and the victim’s hair was taken once by hand on the ground that the victim was not properly able to do so, and threatened the victim with the victim’s hair at once, “I start once again, and if you have come to a proper mind, I start again, I will see the victim’s sexual organ again,” and then inserted the victim’s sexual organ into the part of the victim.

Accordingly, the defendant raped the victim who is a child or juvenile.

2. On April 13, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) shall operate a dynamic image photograph of a mobile phone when gallon, which is owned by the Defendant, in the place indicated in the above paragraph (1) around 23:56, and the victim shall enter the victim as soon as her sexual organ and shall operate a gallon photograph of Samsung T