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(영문) 춘천지방법원 속초지원 2017.07.25 2017고합14
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On April 1, 2017, the Defendant drinked alcoholic beverages with the victim C (at 17 years of age), D, E, etc. at a restaurant located in the Sinpo-si, Sinpo-si, Sinpo-si on April 22:30, 2017. On the following day, at around 04:00, Ftel 1313, the Defendant had been able to have sexual intercourse with the said victim.

1. On April 2, 2017, the Defendant, at around 04:00, committed sexual intercourse by inserting the Defendant’s sexual organ into the victim’s negative part, where: (a) the victim was placed on the part of a bend on the bend of the bend in the instant officetel; (b) the victim attempted to kis on the part of the bend; and (c) the victim continued to deviate from the victim’s seat even though the victim was able to see and refuse to do so; and (d) the victim’s body was unable to take the part of the victim’s body

2. The Defendant, at the same place as at 08:40 on the same day and at the same time, has sexual intercourse with the victim, as described in paragraph 1, followed again, the Defendant defined the victim's body towards the victim's upper part, taken charge of the victim's chest by raising the victim's upper part to the victim's upper part, taken charge of the victim's chest by entering the victim, and made the victim's chest fast, and the victim who was broken in the locking part in the victim's chest

In addition, despite resistance, even though the defendant's shoulder was sealed, the defendant's sexual organ was inserted into the victim's negative organ so that the victim's breath continues to breath the victim's breath, exceeded the victim's breath, prevented the victim from enjoying and learning the victim's body from the upper part of the victim, and sexual intercourse was committed.

Accordingly, the defendant had sexual intercourse with the victim who is a child or juvenile by force over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecution with respect to C and G;

1. C’s statement stenographic records;

1. Each police statement made to D or H;

1. On-site floor plan (No. 10), on-site photographs (Evidence No. 11), closure data (Evidence No. 20), and I dialogue (Evidence No. 30);

1. The written expert opinion and written expert opinion (No. 38 of the evidence list), the application of the law of investigation report (No. 53 of the response to the request for expert opinion, No. 53 of the evidence).

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