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(영문) 서울동부지방법원 2014.01.16 2013고합335

미성년자의제강간

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 2013, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) became aware of the Victim C (A, the age of 11) through the “tatter”, a mobile game, which was a mobile game.

On April 17, 2013, at around 20:50 on April 17, 2013, the Defendant had the victim engage in sexual intercourse once with the victim by inserting the victim from the front corridor of the male toilet of Gangdong-gu Seoul Metropolitan Government, or moving the victim into the male toilet, allowing the victim to be off from the Defendant’s spanty and panty, allowing the victim to leave the Defendant’s sexual organ in his hands, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

The Defendant had sexual intercourse with the victim under the age of 13 once.

2. On April 24, 2013, at around 20:50, the Defendant: (a) had sexual intercourse with the victim by inserting the victim in front of the third floor toilet of Gangdong-gu Seoul Metropolitan Government; (b) having the victim meet the victim or take the victim into the male toilet; (c) having the victim off the clothes; (d) cutting the victim’s chest part of the victim’s chest in his/her hands; and (e) inserting the victim’s chest back his/her chest into his/her sound part, and inserting the Defendant’s sexual organ into one time.

The Defendant had sexual intercourse with the victim under the age of 13 once.

3. On May 3, 2013, the Defendant, at around 21:00, at the front corridor of the male toilet of the third floor in Gangdong-gu Seoul, the Defendant: (a) sent the victim to the male toilet of the third floor; (b) sent the victim to the male toilet; and (c) let the victim get off the clothes; (d) cut off the victim’s chest part of the chest with his hand; and (e) inserted the Defendant’s sexual organ into the sound part of the victim, thereby having sexual intercourse once with the victim.

The Defendant had sexual intercourse with the victim under the age of 13 once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C (two times);

1. Domestic History Report (Attachment, etc. of Victim Kakao Stockholm and text messages ) - Text messages, internal investigation reports (the date and time of committing the crime committed by the suspected victim), internal investigation reports (the analysis of the monetary detailed statement), monetary detailed statement, investigation reports (the details of text and Kakao Stockholm restoration), text messages, and Kakao Stockholm details;

1. Place of crime;