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(영문) 광주지방법원 2020.01.10 2019고합420

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 11, 2019, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by force) committed an indecent act by force against the victim by putting the victim’s chest on his/her hand at the bicycle storage room located in the Gwangju Mine-gu B apartment Cdong and Ddong, Gwangju Mine-gu, and the victim E (the name, name, and age 16) refused the Defendant’s proposal and, as the victim E refuses to do so, he/she would refuse to do so.”

2. At around 13:00 on the same day as paragraph (1) of the same Article, the Defendant placed the victim’s shoulder in front of the fourth emergency exit of the F Building in Gwangju Mine-gu, on the same ground as paragraph (1), and forced rape of the victim by inserting off the victim’s clothes on his/her own hand, putting off the victim’s part of his/her clothes, putting the victim’s neck into his/her finger and her bath, and inserting the victim’s sexual organ one time in his/her part, and continuously inserting the victim’s sexual organ into the victim’s sound part, and continuing to force the victim’s sexual organ into force by inserting the victim’s sexual organ into the victim’s resistance.

3. On July 18, 2019, the Defendant, at around 20:08, sent the first photograph, etc. to the victim to the Kakao Stockholm, and then threatened the victim as if the victim were to commit suicide if the victim was to commit suicide, in light of the company of the dong-gu reserve forces, where the victim was to be the victim, while making telephone conversations with the victim, and the victim said that “I would die. I would not end it. I would not end upon the death of the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the statutes governing Kakao Stockholm letters;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act regarding criminal facts.