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(영문) 대구지방법원 김천지원 2019.04.30 2018고합126

아동ㆍ청소년의성보호에관한법률위반(강간)등

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A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2018, the Defendant was sentenced to imprisonment for a long term of one year with prison labor and six months with prison labor for a short term on the grounds of coercion at the Suwon District Court Eunpyeong Housing Site Board, and the judgment became final and conclusive on October 19, 2018.

【Criminal Facts】

1. The Defendant committed the crime against the victim B around March 9, 2018: (a) around 19:00, around 19:00, placed the finger in the original C building and the D Studio 13 room in the second floor of the Cudio 13 room; (b) together with the motion picture, put the victim’s bucks and tacks, and put the finger into the victim’s panty, and put the finger into the victim’s panty.

Accordingly, the victim, who gets off the defendant's hand while stating "I ma.", she exceeded the defendant's hand, kids the victim's bridge, and the defendant was sweeted on the victim's bridge to stop from leaving the victim's seat, and the victim resisted at the resistance, "I am only before I am out of the victim's bridge", and she saw the victim's head as her hand, and she gets out of the victim's hand while I am out of the victim's hand by raising the victim's hand as her head.

이에 피해자가 아프다며 울자, 피고인은 “썅년아 죽기 싫으면 가만히 있어, 니 가만히 안 있으면 더 심하게 한다. 가만히 있어.”라고 말하면서 자신의 팬티를 벗고 피해자의 음부에 성기를 삽입하려고 하였으나 피해자의 모친으로부터 전화가 걸려 와 삽입하지 못하였다.

Since then, the victim tried to take the phone call to her mother to her mother, and the defendant tried to insert the victim's timber with his/her hand and to insert his/her sexual organ again into the sound part of the victim. However, the victim failed to have his/her wheels who she spherbly resist, and failed to commit an attempted crime.

Accordingly, the defendant is a child or juvenile victim by assault and intimidation.