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(영문) 춘천지방법원 2019.05.24 2019고합4

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

Text

The term of imprisonment with prison labor for the accused shall be seven years and three years and six months in the short term.

The defendant shall be 40 hours.

Reasons

Punishment of the crime

1. Around 15:00 on December 14, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) committed a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the Defendant, in a park located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 200, where the Defendant came to know of the victim (the victim (the 14 years old) and talks with the victim (the 14 years old), leading the victim to the male toilet room in the park, leading the victim in the male toilet room in the park, locking the door, unfolding the victim, and putting the victim's sexual organ into the part of the victim's behavior, putting the victim's head into the part of the victim and putting the Defendant's sexual organ into the victim's drafting.

As a result, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile, and thereby has caused the victim to suffer sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim's sexual intercourse with the victim.

2. Violation of the Child Welfare Act (Child’s sexual harassment, etc.) was transmitted to the Defendant’s cell phone by having the victim take one copy of the victim’s chest photograph and one copy of the sound photograph, on December 14, 2018, by having the victim take the victim’s chest photograph and one copy of the sound photograph, from the Defendant’s house located in Hongcheon-gun E around 19:00 on December 14, 2018.

Accordingly, the defendant allowed the victim, who is a child, to commit obscene acts.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G in part;

1. Application of the response statute to video recordings, CDs, diagnostic certificates, field photographs, and digital evidence analysis results;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 9, 7 (5), (1), and (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 71 (1) 2 of the Child Welfare Act and subparagraph 2 of Article 17 of the same Act concerning criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Article 37 of the Criminal Code among concurrent crimes.