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(영문) 서울중앙지방법원 2012.10.30 2012고합688

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

The defendant shall be innocent.

Reasons

1. On January 1, 201, the Defendant confirmed the following facts: (a) on the first day of the day of the first day of the middle school, G et al., and drinking alcohol together with G, and went to the same place with G; (b) on the line of H, the Defendant’s female students, the victim I (the 17-year old age), who is a child or juvenile, was sexualized by having the Defendant enter the Defendant’s seat; (c) the Defendant’s mother K’s house located in the building 103 in Seocho-gu Seoul Seocho-gu, Seoul, in order to rape the victim; and (d) by threatening the victim who refused any clerical error at the Defendant’s seat, the Defendant made the victim go to the Seocho-gu Seoul High Court by threatening him to go to the said house; and (d) on that day, the Defendant made the victim suffer any clerical error in the above house.

In addition, the Defendant, at around 05:00 on the same day, she spaced with the victim, and she spaced together with G at the above house, and she spaceded the victim’s fingers who she did not drink any more, and spaced with the victim’s fingers who she was under the influence of the entry of the female, she was forced to put the victim at the bottom of detention, she was forced to put the victim at the bottom of detention, and she spaced with his/her fingers by inserting his/her fingers into the part of the victim’s body, and she had sexual intercourse once with the female by inserting the other Defendant’s sexual flag on the part of the victim’s body into the part of the victim.

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

2. The gist of the defendant's assertion and the key issue of the defendant asserted that the defendant only had sexual intercourse with the victim under the agreement from the investigative agency to this court, and that there was no sexual intercourse with the victim by force.

The purport of the defendant's assertion is that when the victim later turns to the G while drinking friend with G, etc. at night at the time of the instant case, when the victim came to rest with G, the victim made the phone call to the victim and friend it. K mhhhhhhh.