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(영문) 수원지방법원 2016.05.17 2016고합94

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a person in a de facto marital relationship with C.

The Defendant, who was detained by C due to the violation of the Child Reinstatement Act, had C residing together with C’s father E (here, 17 years of age) in the Defendant’s residence located in G’s wife population D when he was detained by C in violation of the Child Reinstatement Act, was able to commit similar rape by force.

At around 03:00 on February 28, 2016, the Defendant: (a) while drinking together with the victim at the room of the victim in the Defendant’s residence, the Defendant: (b) while drinking together with the victim, she means “a person who has a long time with his/her mother; (c) has taken the victim’s shoulder up by hand; (d) has taken the victim’s shoulder up on his/her side; (c) has divided the victim’s shoulder into the floor to prevent the victim from leaving the victim; (d) has put another hand into the inside the part of the victimized person; and (e) has the victim take charge of the chest part of the victim; and (e) the victim has not taken the part.

It is necessary to see that human life can be lost.

The term “Defendant’s hand” refers to the Defendant’s handless defect, the victim’s body was accumulated by one hand, and the other hand was laid into the lower part of the victimized person, and the victim’s fingers were repeated at several times.

Accordingly, the defendant, by force, placed the victim's sexual intercourse into the victim's sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Investigation report (in response to the results of genetic appraisal, etc.);

1. The application of Acts and subordinate statutes to prepare and report video recording CDs and tape-recording records (recording records of video recording of victims);

1. Article 7 (5) and (2) 2 of the Act on the Protection of Juveniles against Sexual Abuse against the relevant legal professional child against criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. The criminal facts of this case committed by sexual assault offenders who are subject to the registration of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.