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(영문) 광주지방법원 2012.11.01 2012고합916

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 3, 2012, at around 17:00, the Defendant, a juvenile, who had been drunked in front of the convenience store near Seo-gu, Seo-gu, Gwangju, had been drunked, was the victim D (WW, 13 years old), victim E (n, 13 years old), victim F (n, 13 years old), victim G (n, 12 years old), and the victim G (n, 12 years old). The Defendant was drinking the victim for the indecent act by compulsion, and the victim showed that the victim was “n't and 50,000 won.” However, the victims had attempted to escape with the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Determination on the defendant's written statement of each police officer against E, D, F, and G and his defense counsel's assertion

1. The defendant's defense counsel on the assertion that he was not guilty of assault and intimidation. However, since the defendant's defense counsel did not commit the act identical to the above crime, there was no assault and intimidation against the victims who were the commencement of the crime, it cannot be punished for attempted indecent act. Thus, the crime of murder and indecent act by compulsion includes not only the case where the other party commits an indecent act after making it difficult to resist by committing assault or intimidation with the other party, but also the case where the act of assault itself is acknowledged as an indecent act. In this case, as long as the assault does not necessarily have to be enough to suppress the other party's intent, and has exercised the tangible force against the other party's will, it is hard to answer the force (see Supreme Court Decision 2001Do2417, Apr. 26, 2002). According to the evidence duly adopted and investigated by this court, it is acknowledged that the victim's defendant did not have buckbucks and bucks, etc., and the victim's act of indecent act itself constitutes an indecent act by force.

2. The person was in a state of mental disorder under the influence of alcohol.