beta
(영문) 창원지방법원 마산지원 2019.01.18 2018고합58

아동ㆍ청소년의성보호에관한법률위반(준강간)등

Text

[Defendant A] The defendant A shall be punished by imprisonment for three years.

except that the above sentence shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2018, 58"

1. Defendant A

A. On August 18, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) provided the victim E (here, 16 years of age) introduced from her mother-child D around 00:40 on August 18, 2017, with the Defendant’s friendly appearance F and G, and the Defendant’s friendly appearance F and G, where the Defendant she was drinking in the Hel I room in the Changwon-si, Changwon-si, Changwon-si.

Around 03:55 on the same day, the Defendant returned to the said Im room, and the victim lost his mind while under influence of alcohol, and exceeded panty and sexual intercourse with the victim, and had sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of the heart of the victim who is a child or juvenile.

(b) No person shall photograph another person's body against his/her will, using a camera or other similar mechanism with a similar function, which may cause sexual humiliation or sense of shame;

Nevertheless, at around 04:20 on August 18, 2017, the Defendant: (a) taken a photograph of the victim, who was under the influence of alcohol, lost his mind and left panty, using the cell phone camera of G mobile phone.

2. At around 05:30 on August 18, 2017, Defendant B: (a) heard the horses that “a sex relationship may be made with a woman’s patriotism under the influence of alcohol on a face-to-face,” from A and G, who was an ex officio in front of the said Hel, and moved to the Hel I room according to A and G.

The defendant, under the influence of alcohol in the above I room, lost his mind and panty, was viewed as a victim who was in her spanty, and was in her spanty, he saw the brushes on his brushes, and laid the brushes on his brushes into his brushes, and laid the brushes in his brushes once.

Accordingly, the defendant uses the state of the heart of the victim who is a child or juvenile.