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(영문) 부산지방법원 동부지원 2014.07.18 2014고합71

아동ㆍ청소년의성보호에관한법률위반(준강간등)등

Text

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

One cellular phone (R, No. 2) seized shall be confiscated.

Reasons

Criminal facts

1. On September 26, 2013, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) saw that he/she was the head of the office and drinks alcohol with the part-time students of "D" located in Suwon-gu Busan, where he/she was the victim E (here 17 years of age) who was the victim, who was the victim of the victim, was under the influence of alcohol and went into the part-time guest room of "G" located in Suwon-gu, Busan, with the victim E (the victim E (the 17 years of age) who was the victim.

At around 02:00 on September 27, 2013, the Defendant, within the guest room, had the mind that the victim should engage in sexual intercourse with the victim who lost his mind by drinking alcohol, and reported that the victim was under the influence of drinking, and exceeded all clothes of the victim, and the Defendant exceeded all clothes, and inserted the Defendant’s sexual organ into the part of the victim’s sound.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-performance.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken a photograph of the victim’s sound, skin, and fluid, etc. with the Defendant’s cell phone camera, among the attempts to have sexual intercourse with the victim, at the time and place specified in paragraph (1) as provided in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

3. On February 15, 2014, around 17:00, the Defendant said that “A good business distance is available and if the Defendant borrowed KRW 500,000,00,00, the Defendant would pay interest to the victim of pro-Japanese who was pro-Japanese who was the victim of pro-Japanese, and would complete payment by seven months.”

However, at the time, the Defendant had no certain income and no property, and had been urged to pay the debt amount of KRW 3 million due to the failure to pay the debt, so there was no intention or ability to pay the debt even if he borrowed money from the victim.

The Defendant is as above.