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(영문) 인천지방법원 2015.07.22 2015고합166
미성년자의제강간등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is 55 years of age, has repeatedly engaged in hosting and drinking for sexual purposes with multiple female children and juveniles through smartphone display, “G”.

The Defendant came to know of the victim H (n, 12 years of age) through the above language application and sent sexual messages, such as “ear love,” and “free telecom,” and “free telecom.” On December 14, 2014, the Defendant first met the victim in front of the J Elementary School located in Gyeyang-gu I, Incheon.

On December 18, 2014, 19:00, the Defendant left a vehicle with a body of the Defendant on the front of the J Elementary School and left the vehicle with the Defendant’s own seat on the front of the J Elementary School, and then became the victim to the said vehicle and became the second fully south of the vehicle.

In the process, the defendant was aware that he was a person under 13 years of age by asking the victim's age to the victim and providing the victim's answer "(the age is 13)."

1. On December 18, 2014, the Defendant came to know of the age of the victim through the above dialogue with the victim within the said car stopped before J Elementary School around 19:00 on December 18, 2014, the Defendant committed an indecent act against the victim on the part of the victim by putting the victim into the back seat of the victim, putting him/her seated next to the victim into the upper part of the victim, putting him/her into the upper part of the victim, and titiuss. On the part of this, the Defendant committed an indecent act against the victim on the part of the victim.

2. 피고인은 2014. 12. 20. 15:00경 J초등학교 앞 노상에 위 승용차를 정차시키고 피해자가 앉아 있던 뒷좌석으로 가, 피해자의 하의를 벗기고 피고인 본인도 하의를 벗은 다음, 손으로 피해자의 가슴과 성기를 만지고 입으로 피해자의 가슴을 빤 후 피해자를 뒷좌석에 눕히고 올라 타 피해자를 1회 간음하였다.

3. The Defendant, around 02:00 on December 28, 2014, was exempted from all the clothes of the victim at the defendant’s house bed room located in Mapo-gu Seoul and 201, and was discharged from all the clothes of the defendant himself/herself, and was the victim by hand.

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