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(영문) 서울중앙지방법원 2017.09.01 2017고합104
미성년자의제강간
Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant, from around 22:00 on December 25, 2015 to around 22:30 on the same day, had sexual intercourse with the victim, who became aware of through Jinju-si Da apartment 101, 802, and around April 2015 through the “E”, in the dwelling room of the Defendant, around Jinju-si 101, 802.

Accordingly, the defendant has sexual intercourse with a person under 13 years of age.

2. On December 25, 2015, the Defendant, at around 23:00 on December 25, 2015, 2015, had the victim F, who was divingd in the above Defendant’s residence room, shicked the victim F, and was in sexual intercourse one time with the victim, who met the victim’s chest and sound, and was exempted from all the victim’s clothes.

Accordingly, the defendant has sexual intercourse with a person under 13 years of age.

Summary of Evidence

1. Legal statement of witness G;

1. A report on investigation (a statement by telephone of a witness H);

1. The victim's collection and rescue of the suspect, the capture of the victim's video images, the digital analysis appraisal report, the details of mobile phone restoration, the expert opinion on sexual assault against children with disabilities, the victim's photographic data, the I message (defendant, H), and the I message submitted by the victim (victim, the defendant);

1. Determination as to the assertion of the Defendant and the defense counsel regarding the mobile phone restoration CDs, each victim’s video recording CDs

1. The summary of the argument is that the defendant did not have a place to move the victim on the day of the case, and only sleep together with the defendant's residence and did not have a sexual intercourse.

In addition, the defendant did not know that he was under 13 years of age.

2. In light of the following circumstances that can be acknowledged by comprehensively taking account of the evidence examined by the court as to the first argument, the fact that the Defendant was sexual intercourse with the victim can be sufficiently recognized.

(1) The injured party shall, upon receiving an investigation from an investigative agency twice, take the following between the accused and the office of the accused on the day of the case:

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