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(영문) 수원지방법원 안산지원 2014.12.05 2013고합238
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

1. The defendant shall be punished by imprisonment for five years;

2. The defendant shall complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On May 22, 2012, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) set off the Defendant’s motor vehicle parked in the apartment underground parking lot of the apartment in Silung-si, with the back seat of the victim D (15 years old), which became known through the smartphone c, and forced the victim’s head to enter the victim’s sexual flag by forcing the victim’s head into the victim’s sexual flag.

Accordingly, the defendant, by force, committed similar acts to the victim who is a child or juvenile.

2. On May 23, 2012, the Defendant had sexual intercourse with the victim by inserting his sexual organ into the victim’s body, on the part of the victim’s house located in Ansan-si E, Ansan-si, and on the part of the victim’s house, putting the victim F (16 years of age) known through D on the part of the victim’s body, and preventing the victim from putting his sexual organ into the victim’s body.

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

3. On the trade name of “G” or “H”, from July 2013 to January 31, 2014, the Defendant parked an IK5 car on the road near the Central Station of Ansan-si, the front-gu, Ansan-si, and obtained the profits of KRW 200,00,000 per month average monthly payment from the said article, by having the passengers use the car, notify the J, K, L, and M, etc., who are drivers belonging to themselves of the location of their customers by free electricity, and by having the said article drive the car to the place where they want to find out to the customers, and by having them receive the fees (the sum of the basic fees of KRW 4,00 and the amount corresponding to the odometer) from the customers who want to find out the vehicle.

Accordingly, the Defendant operated passenger transport business without obtaining a license from the competent administrative agency.

Summary of Evidence

1. The first and second points in its holding;

(a) Partial statement of the defendant;

(b)for each of D and F;

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