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(영문) 수원지방법원 2017.10.19 2017고합322

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

Defendant shall be punished by imprisonment for a term of three years and three months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The Defendant is a person working as a manager at a F restaurant located in the G-si District E, and the victim G (name) and the victim H (name) is a person working as a part-time student at the above restaurant.

1. A violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against the victim G (only between rivers) was committed on April 10, 2017 by the Defendant: (a) around 02:00 on April 10, 201, when the Defendant viewed a film to drink with the victim G (the victim’s name, leisure, 16 years of age) while drinking in the night room located in the above restaurant; (b) even though the film was located far away from the victim, the victim’s arms were obstructed by the victim, who did not comply with the request; (c) was placed on the part of the victim; (d) was placed on the part of the victim’s chest and the part of the victim’s body; and (e) was forced to take off the victim’s chest and the part of the victim’s body while resisting the victim; and (e) the Defendant did not strongly divided the victim’s body to take advantage of the victim’s body and sexual intercourse with the victim’s bridge.

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

2. The Defendant’s violation of the Act on the Protection of Children and Juveniles against Victims from Sexual Abuse (voluntary indecent act) against the victim H is deemed to have lost the clothes of the victim H (the name, female, 17 years old) who worked as a part-time student in front of the toilet located after the said F cafeteria around 22:30 on December 2016, 201, without any instruction to verify whether he/she seems to be able to wear clothes.

At the same time, the question of doubt about the restaurant employees was able to attract the losses of the victim himself and attract the victim, and the victim continued to be re-drawed into the above toilet, and the victim was not re-drawed.

Accordingly, the defendant committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G (tentative name), I, J, K, and H (tentative name);

1. The application of the Act and subordinate statutes to a criminal investigation report (a letter submitted by the victim);