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(영문) 부산지방법원 2019.05.03 2019고합79

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

On August 12, 2018, the Defendant first becomes aware of the victim C (nive, 14 years of age) through open hosting on August 12, 2018, and came to death with the victim. On August 15, 2018, the Defendant was a person with only one time of the victim in the singing room located in Busan Fung-gu.

On August 17, 2018, the Defendant: (a) requested the victim to receive her friendship and drink to receive her friendship on August 18, 2018; (b) received contact on August 18, 2018, and (c) reported the film at the victim’s time and time and at the Defendant’s house, reported the film at the victim’s meeting with the said victim and the said her house

After that, at around 11:17 August 18, 2018, the Defendant took the victim at the house of the Defendant located in the Geum-gu D Building E, and forcedly took advantage of the victim's will to sit in the bend, to a string of the victim's shoulder together with the victim, to be faced with the victim's own view, to be faced with the victim, to be kid on the part of the victim, to leave the victim's breast, to leave the victim's breast, to leave the victim's breast, and continued to leave the victim's bom, and to put the victim's bom on the part of the victim's bom. The Defendant, even though the Defendant expressed his intention to refuse to leave the victim's bom, she had sexual intercourse with the victim by inserting the victim's sexual flag listed above the body of the victim's body at one time and inserting it into the victim's part of the victim's body.

After that, the Defendant, at the time of the completion of a film, she was in common with the victim, and instead, she was in sexual intercourse with the victim by inserting the victim's ship and chest, she was in common with the victim's bridge between the victim's bridge, punishing the victim's bridge, she was off his/her panty and panty, inserting the Defendant's sexual organ into the victim's negative part, inserting the Defendant's hand into the victim's negative part, bringing the Defendant's hand to the Defendant's sexual intercourse.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. A victim with stenographic records;