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(영문) 창원지방법원 진주지원 2019.08.13 2019고합24

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On March 17, 2019, the Defendant sent B message at a place where it is impossible to identify the place at around 23:30 on March 17, 2019, and sent it to the victim behind “O” located in SOOO in Gyeongcheon-si, Sacheon-si, and went back to the victim C (16 years of age), and forced him to go back to the Defendant, and led the victim on the plane in the blank.

From the ordinary world of the above factory space, the defendant laid down the victim's shoulder by hand, and called "do not refuse to do so", while putting the defendant under the bottom of the victim's body located above the body of the victim that prevents the defendant, and putting the victim's chest into the victim's chest, making the victim's fingers and pans, and forced the victim's fingers and pans, put the victim's fingers into the part of the victim's sound, put the victim's bridge into the part of the victim's sound, and put into the victim's sexual flag into the part of the victim's sound.

Since then, the defendant requested the victim to return his mobile phone from the victim, "the cell phone return test is only called," and the defendant led the victim who is unable to drink hot spring to the warehouse inside the above hole, forced the victim to enter the warehouse inside the above hole, forcedly interfere with the victim's entry into the warehouse, interfered with the victim's drinking, prevented the victim from resisting the victim by taking the victim's hand hand, and then allowed the victim to leave bucks and panty to bucks, and put the victim's sexual organ into the victim's negative part behind the victim.

Accordingly, the defendant assaulted the victim who is a child or juvenile, and raped.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police statement made to D, E, F, and G;

1. Application of B’s and H’s message, gene assessment document, and statute

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

1. Ordered children or juveniles to complete programs;