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(영문) 서울남부지방법원 2013.08.22 2012고합938

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

(2) On June 23, 2012, at around 06:00 on June 23, 2012, the Defendant drinking alcohol together with the Defendant’s friendship F, the victim’s friendship F, the victim, and the victim’s friendship G.

During that period, the defendant got out of the telecom with the victim for fraud, and returned to the above 302 visit.

However, if F and G did not open a visit, the Defendant, at the first time, had a view to sexual intercourse with the victim under 307 convenience, which was 307, at the time of entering the telecom.

Accordingly, the defendant went to the victim by 307.

이후 피고인은 피해자에게 키스를 하고 가슴을 만지면서 피해자의 옷을 모두 벗겼고, 피해자의 몸 위로 올라 탄 후 피해자의 음부를 손으로 만지고 입으로 핥는 등 피해자와 성교를 하려고 여러 차례 시도하였다.

However, the victim could not put the sex into the wind, which means that the victim should not speak while continuing.

【Criminal Facts】

As above, in order to delete the defects of the Defendant’s attempt to continue sexual intercourse with the victim, the victim said that “the facts themselves are not 20 years of age, but 1 year in high school and 17 years of age in our age,” the victim said that “the facts themselves are not 20 years of age.”

The victim who was born in 197 was enrolled in the third year in middle school at the time of crime and was 16 years old in Korea.

In other words, the victim expressed that he/she was a juvenile as above while disclosing that he/she was a juvenile.

Nevertheless, by taking advantage of the above circumstances, the defendant demanded the victim to have his sexual organ meet the situation, and caused the victim's hand to take over several times to the victim's sexual organ toward the victim's sexual organ, and caused the victim to have the victim's sexual organ met by hand.

In this respect.