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(영문) 수원지방법원 안양지원 2019.07.19 2018고합140

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

Punishment of the crime

On March 29, 2017, from around 00:30 on March 29, 2017, the Defendant drinks alcohol together with the Defendant’s original and secondary dynamics, including the victim C, at the Defendant’s mother-gu house located in the Seongdong-si Regu, Seongdong-si.

Around 03:00 on March 29, 2017, the Defendant: (a) 03:00, when the victim was mixed at the above house, she was able to take a Handphone in order to find the Handphone; (b) she was able to visit the victim so that people can not enter the outside; and (c) she was able to talk with the victim; (d) her own kiscing the victim, her kiscing the victim, and her kiscing the victim, while she kiscing the victim, and requested the victim to help the person in the living room, while she she was able to do so, she was able to do so, she was able to have the victim kisced and kisced, she was placed on the part of the victim, she was placed in the victim’s sexual schill, and then her fingers.

After that, the defendant exceeded his clothes, cut off his clothes, and inserted his sexual organ in the victim's sexual flag.

The Defendant: (a) took part of the victim’s side glass part of the victim’s sexual organ back to the victim’s her hand, and took part in the victim’s sexual organ back to the victim’s her hand; (b) took part in the victim’s sexual intercourse by forcing the victim’s bridge to see her hand and inserting it back to the victim’s her hand; and (c) inserting it again.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of D;

1. Statement by the prosecution against C;

1. The statement of the victim recorded in the video CD of the victim;

1. A gene appraisal report;

1. Application of photographic Acts and subordinate statutes, such as a ground plan and a room in which rape has been damaged;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Article 2 of the Juvenile Act, Article 2 of the Juvenile Act.