(영문) 수원지방법원 성남지원 2018.02.22 2017고합259

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(영문) 수원지방법원 성남지원 2018.02.22 2017고합259

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On June 27, 2016, the Defendant contacted E (the 14 years old) who became aware of the fact that he had been using a new wall around Gwangju-si and game in the PC room around the PC room around Gwangju-si, and contacted E (the 14 years old) with the F Meet.

In addition, the victim G (the 13 years of age), from the contact with E, d, E, and the victim, at the defendant's home located in H housing 101 in Gwangju City, Na-si, Na-si.

Defendant 1, at the above date, at the above time and place, through games, such as A, B, B, and B, in which those who have tension with tensions through games, such as A, B, B, and B, and B, the Defendant 1, together with D, E, and the victim, shall discarded the “mar” in the victim while doing so.

“In the absence of a gender relationship, she must Ma-ju 1 in each week.”

“To drink alcohol” by the victim.

“In spite of the fact that the victim was off of the victim’s clothes and the inner clothes, the victim was forced to capture the victim’s arms and body and unable to divide the victim’s body, and made sexual intercourse with the victim by inserting the Defendant’s sexual organ into the part of the victim’s sexual organ.

2. The defendant, the victim, the E, and D together with the defendant's assertion that the defendant and the defense counsel carried out mountain games beyond the defendant's appearance after drinking alcohol at the defendant's home, and the fact that the defendant puts the victim's sexual organ into the victim's negative part is recognized.

However, "the defendant shall cease to exist in the victim".

“If not having a sex relationship, she must Ma-ju 1 C.

“The fact that the victim speaks, that the victim would drink.”

However, there is no fact that the defendant exceeded the clothes of the victim, and divided his body with his arms, and there is no pressure, so the defendant did not use force against the victim.

3. Review of issues and evidence relations;

A. The key issue of the instant facts charged is whether the Defendant had sexual intercourse with the victim by force.

유사 판례

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