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(영문) 인천지방법원 2014.07.11 2014고합285

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

피고인은 2013. 8. 26. 21:30경 인천 남구 도화동에 있는 제물포역 부근에서 스마트폰 채팅 프로그램 ‘즐톡’을 통해 대화를 하며 알게 된 피해자 D(여, 15세)을 만나 피해자를 자신이 운전하는 승용차에 태워 피해자가 거주하는 인천 남구 E건물 주차장까지 데리고 가 차량에서 내리게 한 후 그곳 주차장 기둥 쪽으로 데리고 갔다.

At the time, the victim was a woman with no sexual experience and was in a situation where it was difficult for the defendant to refuse the request of the defendant, or the defendant to escape from the harm because he was on the defendant's vehicle.

While the Defendant had talked with the victim in a parking lot during a number of minutes, the Defendant kiddddd itself by drawing the victim with his own arms, followed by causing the victim, and pushed the victim's arms toward the pole, cut it into his body, prevented the Defendant from driving it into one hand, and then put the victim kid.

In addition, while the defendant is taking the arms of the victim, the defendant spreads other descendants into the inner part of the victim so that the chest is unburled, put them into the inner part of the victim, putting them into the inner part of the victim and talked with the hands of the victim again into the panty, and put them into the negative part of the victim.

The Defendant continued to be exempted from the strings and clothes of the victim, and tried to put his sexual organ into the string of the victim, and attempted to put the victim into the strings of the victim who was not well inserted, but failed to be well added, but made the victim knee, kne, kne, and kne the kne, and then put the victim into the strings of the victim.

Accordingly, the defendant attempted to rape a juvenile victim, but did not go through any insertion, so he did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The suspect-victim Kakao Stockholm dialogue content and