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(영문) 서울서부지방법원 2017.06.08 2015고합353

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The defendant shall be innocent.

Reasons

1. Facts charged and the defendant's assertion

A. Under the facts charged, the Defendant committed an indecent act with the victim E (the 13-year age), who is a child or juvenile, in the Internet hosting car page “D,” and committed an indecent act with the victim’s power, and committed sexual intercourse.

Between 00:00 and 01:00 on May 3, 2015, the Defendant parked a passenger car of Belgium that was owned by the Defendant in front of the Seoul Mapo-gu Seoul, and on the back seat, she was on board with the victim. However, she was in line with the victim’s entry, and her hand was placed in the panty of the victimized person.

Accordingly, the defendant committed an indecent act by force on a child or juvenile victim.

2) On May 5, 2015, around 22:00 on May 5, 2015, the Defendant parked a Belgium car owned by the Defendant on the front of the Mapo-gu Seoul Mapo-gu Seoul.

In addition, on board the above vehicle with the victim, the victim was placed in the back seat of the victim's clothes, and the two sides of the victim's chest and the head of the knee are divided, the victim's knee and knee are off, the victim's knee are stored in the negative part of the victim, and the defendant's sexual flag was inserted into the sexual flag of the victim.

Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.

B. The following facts are acknowledged according to the evidence duly adopted and examined by this court.

From the end of April 2015 to the beginning of May 2015, the Defendant and the victim came to know through the NV Internet car page, and three of the Defendant, the victim, and the victim’s relatives were first met in H stations, where the victim’s home is located.

피해자는 피고인을 처음 만 나 함께 놀다가 피해자의 친구가 돌아가고 피고인과 둘만 남은 상황에서 피고인에게 집에 가기 싫다며 하룻밤 재워 달라고 하였고 이에 피고인의 차 안에서 밤을 지샌 바 있다.

At the same time, the defendant was living together with the victim's chests.

After that, the defendant and the victim are only once again around May 5, 2015.