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(영문) 대구지방법원 상주지원 2017.03.23 2016고합48

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for three years.

One cell phone (No. 2) seized shall be confiscated.

For the defendant.

Reasons

Punishment of the crime

On April 2016, the Defendant became aware of the victim E (n, 13 years of age) through the “D” in mobile application providing hosting services. From around May 2016, the Defendant became aware of the fact that the victim had a sexual intercourse with another male on several occasions with the victim around June 2016, the Defendant demanded the victim to speak with the other male and the victim to leave with the victim.

1. On July 29, 2016, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, sent the message stating that “If the victim sent and received the written text message with the victim while refusing to meet with the victim, the victim would have been able to prevent the victim from communicating with another male and female, and in the future, the victim would have been able to do so.” On the other hand, when the victim refused to do so, the victim would have been able to keep the victim from talking with the deceased. On the other hand, the Defendant sent the message stating that “If the victim sent out or come to talk with the deceased, the victim would have no choice but to stop this in the future.” On the other hand, the victim continued to refuse to meet with the Defendant, and made the victim feel, and requested the victim to take part in his or her speech and talk, and directly.

At around 19:50 on the same day, the Defendant: (a) moved the victim to 105 at the time of residing in G with his/her own car, and (b) moved the victim’s bath and the victim’s act to his/her father at the time of his/her stay in G; and (c) had sexual intercourse with the victim, who is a child or juvenile, by making the victim’s child and juvenile sexual intercourse with the victim, by making the statement to the effect that “the victim’s left breast, which is frighten by the victim’s speech that he/she would be aware of his/her father and the victim’s act.”

2.