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(영문) 울산지방법원 2015.04.17 2014고합307

아동ㆍ청소년의성보호에관한법률위반(준강간)등

Text

A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

【Criminal Facts】

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") is a person who is in de facto marital relationship from July 2013 with the victim C(n, 15 years of age)'s mother D and the victim D.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. At around 24:00 on July 2014, the Defendant: (a) was at the small room where the victim was the victim in his residence in Ulsannam-gu E apartment, Ulsan-gu; (b) she saw the victim’s desire to report and walk on the part of the victim; (c) her chest in order to walk on the part of the victim; (d) forced the victim’s panty and panty; and (d) her finger was inserted into the part of the victim’s drinking part; and (e) her finger was inserted into the part of the victim’s drinking part; and (e) the Defendant’s sexual organ was inserted into the part of the victim’s drinking part.

Accordingly, the Defendant stated that, from that time to July 2014, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s state of inability to resist, who was a child or juvenile, and was related to him/her, the time and time of the crime indicated in the list of crimes No. 7: Provided, That with respect to the date and time of the crime indicated in the list of crimes No. 1-B after the crime No. 7, the victim was found to have committed the crime of attempted quasi-rape, and that the victim was aware of the fact of the damage caused by the cell phone text messages to F subsequent to the crime of attempted quasi-rape. In light of the fact that the day when the victim sent the victim to F a letter tag is July 27, 2014, it is clear that the crime No. 7 of the list of crimes

Therefore, the date and time of the crime as stated in the indictment No. 7 shall be changed from July 27, 2014 to "In the lower order of July 2014".

(If the date and time of the crime are changed, it is judged that there is no obstacle to the defendant's exercise of his right to defend against the defendant in this case where the defendant completely denies the crime). In total seven times, the victim had sexual intercourse in the above way.

B. On July 2014, the Defendant around 03:00.