(영문) 의정부지방법원 2016.09.21 2016고합106 (1)

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자간(%)

(영문) 의정부지방법원 2016.09.21 2016고합106 (1)

아동ㆍ청소년의성보호에관한법률위반(강간등)등

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A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. A defendant who violates the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) shall engage in drinking together with the victim D (the name, female, 16 years old), and E (the age of 16 years old), around 05:00 on September 30, 2015;

Now, two persons were divided into the telecom, and the alcohol was drinking, first of all, into the Gelcom located in F of the victim's Government City, with the victim D, and the victim had sexual intercourse with the victim. At around 06:10 on the same day, at around 06:308 of the above Gel 308 on the same day, the victim was placed on the wall, and the victim was forced to be off the clothes, and the victim was sexually raped by gathering the victim's sound fingers by gathering the victim's fingers.

2. On September 30, 2015, around 06:15, the injured Defendant found the victim E with Gel 308, and followed the Defendant’s behavior with the victim D, and tried to report 112, taken the victim E face by hand, taken the victim’s face to hand, taken the victim’s face to hand, and put the victim E with approximately three weeks of medical treatment, and put the victim D with an influence and a wound with the number of days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Part of the police statement protocol against C; and

1. A medical certificate;

1. Requests to forward on-site and photographs of damage, and details of report 112;

1. Determination as to the defendant and his/her defense counsel's assertion of the investigation report (case on the result of the request for appraisal by state and state)

1. The summary of the argument (1) Regarding the crime of similar rape against the victim D (hereinafter referred to as "victim"), there is a fact that the defendant exceeded his/her own clothes from the victim and her body, kiscing kiscing, and kiscing against him/her, while kiscing him/her into the victim. However, there is no fact that he/she forced kiscing the victim by assaulting or threatening the victim, or kiscing him/her into the part of the victim's body.

Even if the fingers were added to the part of the victim of domestic affairs, it is the victim.

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