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(영문) 의정부지방법원 2018.08.31 2018고합146
미성년자의제강간등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

However, as to Defendant B, the same shall apply.

Reasons

Punishment of the crime

The Defendants became aware of their contact through H, which is the obscene account of each victim E (name, inn, F life) and smartphone app “G”.

1. Defendant A

A. A. On December 2016, the minor rape Defendant: (a) placed a hand in the victim’s room located in the “J” singing practice room located in the Namyang-si, Namyang-si; (b) placed the victim’s chest part of the chest; (c) had the victim take the Defendant’s sexual organ in his/her hands; and (d) placed the Defendant’s sexual organ in his/her mouth.

B. On January 2, 2017, the Defendant: (a) committed sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s sexual organ in a studio in Mapo-gu Seoul on the floor after making the victim (12 3) seated in the room of studio Kaf in Mapo-gu Seoul around January 2, 2017.

2. Defendant B

A. On January 8, 2017 or around September, 2017, the minor rape Defendant inserted the Defendant’s sexual organ in the mouth of the victim (12) in the instant singing practice room located in K at K at the time of Southern, and had sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s sexual organ at the victim’s sexual organ.

B. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., purchase of sex), provided 30,000 won in cash to the victim in return for doing the aforementioned sexual intercourse and similar sexual intercourse at the time and place indicated in the family paragraph.

Summary of Evidence

1. Partial statement of Defendant A and Defendant B’s legal statement

1. The statement of a victim recorded in each video CD;

1. Report on internal investigation (verification of M subscribers and investigation of interview with victimized children), details of M dialogue, application of Acts and subordinate statutes to investigation reports (specific on scene of crime);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Articles 305 and 297 of the Criminal Act of Defendant A (the point of deemed rape of a minor under the age of 13), 305 and 297-2 of the Criminal Act (the point of similar rape of a minor under the age of 13);

B. Articles 305 and 297 of the Criminal Code of Defendant B (the point of rape of minors under the age of 13) and Article 13 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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