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(영문) 인천지방법원 2019.10.11 2019고합334

아동ㆍ청소년의성보호에관한법률위반(강간등치상)

Text

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

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

Reasons

Punishment of the crime

The Defendant was a person who was the manager of “niveker store” located in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim C (the age of 15 at that time) was working as a part-time student at the above “niver store”.

On December 21, 2014, the Defendant: (a) at the packaging horse near the E Station located in Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon; (b) the Defendant her drinking together with the victim that the victim would drink to his house by excessively drinking alcohol; and (c) the victim her “I am at our house or I am to am to her motherel”; and (d) the victim her drinkinged to a telecom in his place.”

Around 01:00 on December 22, 2014, the Defendant: (a) at a telecom with which the trade name in the Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon, was unknown; (b) at a telecom with the appearance of the victim being locked, the victim was able to engage in sexual intercourse between the victims; (c) placed the victim on the bed on the bed; and (d) laid off the victim’s panty; and (d) put the Defendant’s sexual organ into the part of the victim’s panty; and (e) inserted the victim’s spanty into the part of the victim

The defendant continued to see the victim, who is unable to hold his mind properly in a cleaning room, and sees the sound book in a bath room, etc., and then, the victim from the bath room refers to the victim's head "susub", which is divided into the victim's head, brought about the victim's sexual organ into the victim's mouth, brought about the victim's sexual organ rapidly, put his sexual organ into the victim's mouth, and inserted the victim's sexual organ into the victim's sound part.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical condition of mental or impossible failure to resist, and suffered from the victim's sexual injury with which the number of days of treatment cannot be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C of a witness in the second protocol of trial;

1. Each police statement made to C (alias) and F;

1. The application of the law of the confirmation of the fact of counseling on damage (No. 5 in the order of evidence) and the text photograph (No. 6 in the order of evidence).