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(영문) 창원지방법원 2018.04.12 2017고합318

미성년자의제강간등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The defendant, as a leader at the D church located in the Gu, Changwon-si, the defendant directed the students of the first school E (the first school life, the second school life, May 2004) who were the believers of the above church.

1. An indecent act by force against a minor;

A. On December 27, 2015, the Defendant, among the two floors of D church D church, sited a victim (the age of 11 at that time) who scood himself/herself at the high-class office of the lower-class branch (the age of 11 at that time) and returned the victim’s kne, thereby fit for the victim’s entry.

B. On January 1, 2016, the Defendant, while talking with the victim at the same place as paragraph 1(a) of 1, 2016, posted the victim’s fingers into the victim’s name, and putting the victim’s chests into the victim’s panty, and committed indecent act by inserting the victim’s fingers into the victim’s panty.

Accordingly, the defendant committed an indecent act on the victim under 13 years of age two times.

2. Control and rape of a minor;

A. On February 2016, the Defendant had sexual intercourse with the victim once at the same place as that of 1-A police officers at the beginning of February 2016.

B. On February 2, 2016, the Defendant had sexual intercourse with the victim at the home of the second floor victim of the building located in the Gu F, the second floor of the building located in the Gu F, which was the date of the Defendant’s establishment of around 23:00.

(c)

On March 3, 2016, the Defendant: (a) had the victim under G 301, a mother of the Defendant, who was in the old Gu G, who was in his own house at the time of early 15:00, and had sexual intercourse with the victim once.

(d)

On April 2016, the Defendant had sexual intercourse with the victim one time at the same place as around 1:0 am in the first Saturday and around 2016.

E. On May 2016, the Defendant had sexual intercourse with the victim under the Defendant’s mother I 204, this mother, the Defendant’s house located in the Ha, Changwon-si, Jinwon-si, Seoul, on a single occasion.

F. On August 9, 2016, the Defendant, at the same place as (i) around 19:0, at around 19:00, had sexual intercourse with the victim (at that time, 12 years of age) once at the same time.

G. On August 26, 2016, the Defendant had sexual intercourse with the victim once at the same place as around 2:00 a.m. (e) around 2:00 a.m.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age over seven times.

Summary of Evidence

1. Statement by the defendant in court;

1. The police against J.