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(영문) 대구지방법원 2016.01.15 2015고합446
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

1. According to the evidence records (165, 167 pages) around September 4, 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the written indictment (1:04 note) is obvious that it is a clerical error, and thus the written indictment is corrected and stated.

On the front side of Ulsan-gu D, U.S., the victim's name fuckbucks and buckbucks, and the victim's bridge part, which might cause sexual humiliation or sense of shame, was taken in video against the victim's will.

In addition, from September 27, 2014 to September 27, 2014, the Defendant taken the body of the victims who could cause sexual humiliation or shame using mobile phone cameras over a total of 20 times, such as the list of crimes in the attached list of crimes.

2. The Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, had sexual intercourse with the victim by taking advantage of the victim E (the 17-year-old age)’s mental or physical loss, or the state of resistance impossible, on a total of two occasions as follows.

A. According to the evidence records (22, 67, 263 pages) on December 14, 2012, the Defendant corrected and stated the written indictment (22, 67, and 263 December 24, 2012) as it is obvious that the written indictment is a clerical error.

02:56 At the defendant's house located in F. F. 305 of Daegu Building 305, the victim was locked and the victim's sexual flag was inserted once in the sound part of the victim.

B. On December 26, 2012, at around 01:43, the Defendant reported that the victim was locked with the victim’s cryptive 305, and inserted the sexual flag into the victim’s negative part once.

3. The defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-floitive act) shall commit an indecent act against the victim E (nive, 18 years old) by taking advantage of the mental or physical loss of the victim E (nive, or an impossible state of resistance on three occasions in total, or commit an indecent act against the victim, or part of the body, such as fingers, in the victim's sexual flag:

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