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(영문) 의정부지방법원 2016.03.17 2015고합420
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On July 30, 2015, the Defendant, around June 2015, exchanged with the victim G (the age of 13) through a smartphone app called “Narcotic cell,” and had the victim receive and possess the victim’s unknown body photograph from the damaged person’s mobile phone at the time of the first being known, with the intention to threaten the victim by borrowing it.

On July 30, 2015, the Defendant, using the Defendant’s mobile phone at an insular place, sent the victim a Kakao Stockholm message to the effect that “I would distribute the victim’s body body photograph to the Internet if I would see their sexual intercourse with Seoul,” and caused the victim to go off on July 30, 2015, by threatening the victim.

At around 18:00 on July 30, 2015, the Defendant raped the victim by: (a) waiting the victim at a Dong-gu Seoul Special Metropolitan City terminal; (b) going to the “I” studio on the third floor of H in the Seoul Gwangjin-gu Seoul Special Metropolitan City H building; and (c) making the victim unable to resist due to their studios, raising his body pictures in the room, and forced the victim to have his chest cut off, and forced him to have sexual intercourse once.

Accordingly, the defendant raped the victim who is a child or juvenile.

B. On August 30, 2015, the Defendant, who committed a crime around August 30, 2015, had the intent to have a sexual intercourse with the victim by threatening the said victim G (the 13-year old age), by threateninging the said victim G (the 13-year age), and the same year.

7. Around 30, around August 30, 2015, the victim made a threat to the victim, by referring to the victim’s personal body images by threatening the victim, and by transmitting the victim’s personal body images to the Internet to the effect that “I would spread the victim’s personal body images if I do not know his/her sexual relationship with Seoul,” and allowing the victim to go against the Defendant on August 30, 2015.

The defendant around 14:00 on August 30, 2015 is on the third floor of the H building in Gwangjin-gu Seoul Special Metropolitan City.

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