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(영문) 광주지방법원 2018.06.22 2017고합590
미성년자의제유사강간등
Text

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On March 2015, the Defendant proposed that the Defendant had sexual intercourse with the victim B (the name of the victim, the 11 year old at the time, and the 11 years old at the time) who was sent C message, and then sent the victim to a common toilet in D apartment complex, the Defendant sent the victim a door to the victim, laid the victim off, laid the door off, laid the victim out the clothes on the toilet floor, putting the victim from the toilet floor, putting the victim’s chest back, putting the victim’s chest on the victim’s chest, inserted the Defendant’s sexual organ into the victim’s port, and inside the entrance.

Accordingly, the defendant, who is under 13 years of age, included a sexual flag inside the body, such as the mouth and anus of the victim.

2. Intimidation Defendant was stored in a cell phone with the victim during the contact with the victim using the Messenger’s Messen function of smartphone at the end of March 2017, at the end of the 2017 in the end of the disaster.

He/she stored the cell phone in a mobile phone for two years after making use of it once.

B. B. B. B. L. B. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.

In order for the injured to respond to the request of the accused, the injured party was frighted to the injured party, considering the attitude that the injured party would cause danger and injury to the victim's personal affairs unless the injured party complies with the request of the accused.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Each legal statement of witness B, F and G;

1. B’s statements and stenographic records contained in video recording CDs;

1. Application of the Acts and subordinate statutes to toilet location map and site photograph of the case;

1. Relevant legal provisions concerning criminal facts, Articles 305, 297-2 (the point of a similar rape of a minor under the age of 13) of the Criminal Act concerning the choice of punishment, and Article 283 (1) of the Criminal Act (the point of intimidation, the choice of imprisonment with prison labor);

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the accused) of the Juvenile Act, and Article 55(1)3 of the Criminal Act.

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