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(영문) 광주지방법원 2014.02.06 2013고합413

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

1. The defendant shall be punished by imprisonment for three years;

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

Reasons

Criminal facts

On June 8, 2013, the Defendant sent text messages to the victim C (n, 13 years of age) and the Defendant came to know through the Internet site’s “defacing seacom.” On June 8, 2013, the Defendant met the victim in front of the E elementary school located in the D branch in Naju-si.

피고인은 화물차(F) 조수석에 피해자를 태우고 광주 충장로로 가서 함께 영화를 보고 반팔 티셔츠와 음료수를 사주어 피해자의 환심을 샀다.

When the victim refuses to return to his/her house, the defendant brought the victim to 608 "Hel" located in Gwangju Northern-gu G around 16:00.

At 23:20, the Defendant sent time to see television with the victim. At 23:20, the Defendant: (a) laid locked for one’s own injury; (b) laid down the body of the victim who was faced with a sudden bed; and (c) laid down the body of the victim.

In spite of the victim's "....", the defendant placed his hand in the victim's clothes and her chest out of the victim's panty and panty.

Accordingly, the victim was pushed the defendant, was able to write the defendant's shoulder, followed the defendant's body by the body of the defendant, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant had sexual intercourse with a juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement recorded in the statement recorded CDs;

1. Results of execution of a warrant for search, seizure, and verification (Stockholm content reply);

1. CCTV reading photographs and field photographs;

1. Determination as to the Defendant and defense counsel’s assertion

1. The gist of the argument is that the Defendant was sexual intercourse under an agreement with the complainant, and did not exercise any “defensive force” against the victim.

2. The term “defensive force” under Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to the sufficient force to suppress the victim’s free will, and is neither tangible nor intangible nor intangible.

Whether a person has sexual intercourse with another person as a "compact."