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(영문) 전주지방법원 2015.05.07 2015고합6
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for five years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant is the body of the victim I who reported the marriage with the victim H (V, 17 years of age) I on August 8, 2013.

1. On September 9, 2014, the Defendant: (a) around 16:00, at the victim’s house located in Kim Jong-siJ; (b) had the victim left with the victim; (c) had the victim in mind of having sexual intercourse; and (d) had the victim in the way to leave the ward to the ward, “I am hurf at the time I want to har it; and (d) had the victim known him/her of the victim; and (e) had the victim’s resistance refusing to leave the room on the floor; and (e) forced him/her to go off and forced him/her to go off his/her clothes by disregarding the victim’s resistance.

2. At around 03:00 on November 2, 2014, the Defendant, at the Defendant’s house located in the Yansan-gu Seoul Special Metropolitan City, in order to have sexual intercourse with the Defendant’s wife in his room, and entered the room in order to see the victim’s inside, and placed the room in the room, and placed the victim’s resistance against the victim who refuses to speak, and forced the victim to go off his clothes, and forced the victim to go off and talk once with the victim.

3. At around 00:50 on November 9, 2014, the Defendant: (a) had the victim’s house located in Kim Jong-siJ; (b) had the victim mind to have sexual intercourse; (c) had the victim, who did not enter the victim’s room; and (d) neglected the victim’s clothes and forced the victim to have sexual intercourse once with the victim.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a child or juvenile three times.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of the investigation report (in relation to attachment, such as a certified copy, marriage relation certificate, abstract, etc. of the defendant's complaint);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall be the largest penalty for concurrent crimes.

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