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(영문) 대전지방법원 천안지원 2020.04.29 2019고합265

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

【Criminal Power】 On April 19, 2018, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Suwon District Court, and completed the execution of the sentence on February 12, 2019.

【Around January 2018, the Defendant came to know of the Victim B (Inn, 18 years of age, and name) through the “Conditions Stockholm,” which is a mobile phone display site, and came to have a sexual intercourse thereafter. On April 2019, the Defendant attempted to continue to have a sexual intercourse with the Victim and continued to have a sexual intercourse with the Victim. However, the Defendant had a dynamic image with the victim, where the victim refused to do so and the victim had a sexual intercourse with the Victim, wherein the face of the sexual intercourse with the Victim was taken, and had the intent to keep the sexual intercourse with the Victim by threateninging the Victim as if he were spreading.

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) demanded the victim to talk with the victim on April 23, 2019, and sent text messages to the effect that, upon the victim’s refusal, “the victim would have sexual intercourse and distributed to SNS, etc. if he/she does not continue to do so,” thereby suppressing the victim’s resistance, and then, at around 16:00 on April 29, 2019, the victim’s demand for sexual intercourse could not be refused by the victim’s sexual intercourse, and sexual intercourse was sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ, and then raped the victim six times in total as shown in the attached list of crimes until October 23, 2019.

Accordingly, the defendant raped the victim who is a child or juvenile by intimidation.

2. On October 23, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”) uses mobile phone camera functions against the victim’s will to have sexual intercourse with the said victim at the hotel in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si, Incheon, and to have the victim off and take advantage of his/her clothes.