beta
(영문) 대전지방법원 2018.04.06 2017고합355

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On September 25, 2017, the Defendant violated the Act on the Protection of Children and Juveniles from Sexual Abuse (GF parks) around the right side of the E secondary school located in Sejong-Class D on September 23:0, 2017: (a) in front of the “F park”, and (b) in front of the victim G (the 16-year-old, household name) in drinking alcohol with the victim for rape of the female; (c) in the course of drinking alcohol, the victim was pushed the victim with his/her hand; (d) the victim was pushed the victim with his/her hand; (e) the victim was bucked with his/her hand; and (e) the victim was able to have his/her fingered into the victim’s seat; and (e) the victim was unable to resist his/her hair by continuously inserting the victim’s buckbucks at the victim’s seat; and (e) the victim’s fingerd with the victim’s finger hand; and (e) the victim’s finger.

On the other hand, the Defendant continued to have the victim engage in sexual intercourse once with the victim in the sperm in the above park, but it did not put the victim into sexual intercourse, and the victim did not put the victim into sexual intercourse with the victim “A person who does not put the victim into sexual intercourse with the victim.” In short, the Defendant did not put the victim’s finger into the victim’s drinking and anus, and had the victim promptly put the victim’s finger into the victim’s sexual organ.

As a result, the defendant tried to rape a child or juvenile victim, but did not commit an attempted crime.

2. Around 23:49 on the same day, the Defendant taken video images of the victim’s name, school, date of birth, etc. using the Defendant’s smartphone (IM-A910S) function in the F F Park without the victim’s consent. The victim, as described in the foregoing paragraph 1, fell into the Defendant’s sexual organ, and made the victim speak of the victim’s name, school, date of birth, etc.

Accordingly, the defendant's body may cause sexual humiliation or shame by using the mobile phone camera function.