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(영문) 창원지방법원 마산지원 2019.02.08 2018고합15
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

around 04:00 on June 6, 2017, the Defendant stated, “The victim, while drinking alcohol together with D, D, D’s female-friendly job offers E, E, E’s friendly job offering victim F, 14 years old,” although the victim “I will not drink above, I will not drink, I will drink in the drinking place, I will drink if I will drink in the game.” On the other hand, the Defendant made the victim continue to drink alcohol on the 3rd floor of Changwon-si, Changwon-si, Masi, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si, Masi-si.”

The Defendant, when D and E did not refuse the Defendant’s continued solicitation, was drunk from the Defendant’s mind under the influence of alcohol, and went off from the Defendant’s panty and sexual intercourse with the Defendant once, to have sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of the heart of the victim who is a child or juvenile.

around 05:20 on August 27, 2018, the Defendant driven an Ichip car with approximately 20km alcohol level of about 0.163% while under the influence of alcohol level of about 0.163% from the section of about 20km to the point in the direction of the passage of the Common Daejeon Highway located in Yong-si, Sin-si, Sin-si.

Summary of Evidence

"2018 Gohap15"

1. Partial statement of the defendant;

1. Statements made by witnesses F, E, or D in the second protocol of the trial;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. Each statement of witness;

1. J stenographic records;

1. "2018, 91" of the field photographs;

1. Defendant's legal statement;

1. On-site reports and actions of suspects at the time of their arrival;

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