아동ㆍ청소년의성보호에관한법률위반(위계등간음)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
Around 19:00 on June 17, 2019, the Defendant: (a) posted on the Internet car page by the Victim B (the name of the Defendant, the age of 15) on the Internet (hereinafter “BC”); (b) reported that the Defendant was able to visit the Defendant’s home, with the words “leeped, there is no place to go away, and there is no place to go away; and (c) a place to go on, and any place or recommendation, other than a place or recommendation to go on, a book, 17, and
피고인은 2019. 6. 18. 00:30경 서울 강북구 D, E호에 있는 피고인의 집에서, 방에 누워서 일기를 쓰고 있던 피해자에게 다가가 피해자의 옆에 누운 다음 피해자의 상의 안에 손을 집어넣어서 피해자의 가슴, 배 부위를 만지고, 혀로 피해자의 몸 부위를 핥고, 피해자가 거부하였음에도 피해자의 바지를 강제로 벗기고, 계속해서 피해자가 “싫다”고 말하고 양주먹으로 피고인의 배를 밀어내며 거부하였음에도 피해자에게 “어차피 안 들어갔어! 이씨!” 등 욕설을 하며 피해자의 양손을 잡아 피해자의 어깨 위로 옮긴 후 피해자를 간음하였다.
Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records;
1. The application of Acts and subordinate statutes on the Protection of Children and Juveniles against Sexual Abuse (Rape) , report on internal death (report on disappearance of the victim B (tentative name), report on disappearance of the victim), data submitted by the victim (specific circumstances of the victim), report on internal death [content that the victim B first refers to his/her mother's child], report on internal death (report on identification of the suspect with his/her photograph and comparison photograph during the investigation) , report on internal death (report on the identification of the suspect in relation to the suspect's photograph and comparison photograph) , report on internal death (Submission of Memba, submission of
1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The disclosure; and