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(영문) 광주지방법원 2015.09.02 2015고합133
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On June 21, 2014, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) committed sexual intercourse with the victim who was a child or juvenile by taking advantage of the victim’s right away from the Defendant’s house located in the Republic of Korea, 22:30 on June 21, 2014, and 22:30, the Defendant reported that the female and female friendly victim G (hereinafter “victim, 17 years old,” hereinafter “victim”) entered the female dynamic room, and subsequently, was drunk.

나. 아동ㆍ청소년의성보호에관한법률위반(강간) (1) 피고인은 2014. 6. 25. 00:30 피고인의 집에서, 피해자에게 “너 죽여 버려, 지금 안 오면 집으로 찾아가 깽판 쳐 버린다.”는 내용의 문자를 전송하는 방법으로 마치 피해자가 그의 말을 듣지 않으면 위 1.의 가.

The victim's family member, as stated in the same paragraph, threatened the victim's family member who committed sexual intercourse with the victim with his/her house and forced off the clothes of the victim who cannot resist, and sexual intercourse with the victim, thereby rapeing the victim as a child or juvenile by assault or intimidation.

(2) On July 5, 2014, the Defendant: (a) committed rape against the victim who is a child or juvenile by assault and intimidation by inducing the victim to travel in difficult resistance by living together with the Defendant for a long time, and acting as if he did not hear his horses; (b) forcing the victim to drink alcohol; (c) exceeding the victim’s clothes; and (d) holding the victim from sexual intercourse once.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by this court, the Defendant was a first-year student in high school in 2014, and the victim was a first-year student in high school, and the Defendant’s birth H and the victim was a relative, and the Defendant and the victim clearly agreed with each other on June 20, 2014.

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