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(영문) 수원지방법원 안산지원 2018.07.27 2018고합46
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

A Imprisonment with prison labor for six years and for four years, respectively.

Defendant

Sexual assault against A for 80 hours.

Reasons

Punishment of the crime

The Defendants revised part of the facts charged to the extent that it does not affect the Defendants’ exercise of defense rights.

1. Defendant A entered the victim F (the above victim’s age in the facts charged of the 14 years old charged is “15 years old,” while Defendant A entered the victim’s age in the third year of the middle school through a smartphone hosting fluoring method around May 2017, Defendant A, but the above victim can be recognized as having been 14 years old at the time of each of the crimes in the instant case with I birth (the 92th day of the trial record, No. 143, 151, 172, 741 page of the evidence record). As such, Defendant A’s correction is made as above.

(hereinafter the same shall apply)

After becoming aware of the victim, the victim was required to affix a photo so that he/she can verify that the victim is a woman. On May 27, 2017, the victim first sent the victim a sexual intercourse and then decided to set up a relationship with the victim as the principal agent and the victim as old, and then the victim threatened the victim several times as long as he/she spreads the photo of the victim under his/her custody if he/she did not follow the agreement by the defendant A.

A. Defendant A, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, threatened the victim’s resistance by intimidation as above, had sexual intercourse twice in the room of △△△ room located in Geumcheon-gu Seoul Metropolitan Government on May 2017 and around June 2017, Defendant A had sexual intercourse with the victim once in the room of Defendant A located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu apartment site. A around June 2017, the victim had sexual intercourse with the victim once in the room of Defendant A’s residence located in Geumcheon-gu Seoul Metropolitan Government.

As a result, Defendant A raped a child or juvenile victim on three occasions through intimidation.

B. Defendant A’s act of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (the similarity) had threatened the victim’s resistance by threatening as above, and put his/her sexual organ into the victim’s resistance on the H apartment rooftop around June 2017.

As a result, Defendant A committed an act of inserting sexual organ into the victim's resistance, which is a child or juvenile.

(c)

Defendant A’s forced intimidation, as above, at a place in the border on May 28, 2017.

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