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(영문) 인천지방법원 2013.11.05 2013고합503
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant, in November 2012, came to know of the victim D (nive, 17 years of age) through the "compact" of smartphones, and sent contact to the victim on November 21, 2012. On November 21, 2012, around 12:00, the Defendant was driving the victim to the neighboring F University of Seongbuk-gu, Seoul, by going the victim to the victim's house in front of the victim's house located in Seongbuk-gu, Seoul, and was living in the vicinity of the H station located in Seocheon-gu, Seoul.

The Defendant continued to be a place where the film can be seen by the victim, leading the victim to the “mtex”, and went back to the “mtex” located in the “Jmt” located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.

At around 16:00 on the same day, the Defendant had sexual intercourse once with the victim, with a view to rapeing the victim who had a motion picture like J M-ray No. 7 on the same day, putting the victim on the shoulder part of the victim who was seated, putting the victim on the victim’s body, resulting in the victim’s physical leakage, etc.

Accordingly, the defendant raped the juvenile victim once.

Judgment on arguments and issues

1. Defendant’s assertion and the issues of this case

A. On November 21, 2012, the Defendant and the victim entered the Jmtle room 7, 2000 on November 21, 2012, the Defendant and the victim were forced to have a sexual relationship with the victim only once under the agreement, with more than one hour after the film was reached. The Defendant and the victim were forced to have a sexual relationship with the victim.

B. According to the key issue of the instant case, whether the sexual relationship between the Defendant and the victim, which was the date and time-off as indicated in the facts charged, was enforced by suppressing the victim’s resistance, such as the facts charged.

2. The victim D’s statement is virtually flexible as direct evidence submitted by the prosecutor in order to prove the above part of the issue as to the issue.

Therefore, the victim's statement.

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