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(영문) 청주지방법원 2016.10.14 2016고합148
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

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 is a person working as the chief of office at the “D Law Office” located in Seo-gu, Seo-gu, Seo-gu, Seo-si, and the victim E (the age of 18 at the time of the instant case) is a person working as a training employee at the same law office from November 23, 2015 to the same law office.

On December 16, 2015, around 16:30, the Defendant proposed that “G cafeteria” located in the apartment complex located in the Cheongju-gu Seoul Metropolitan City, the Cheongju-si, would drink with the Defendant’s wife, along with the victim, and drink with alcohol.” On the same day, the Defendant’s wife proposed that “the Defendant’s husband’s wife her husband and wife her mother her mother her mother her mother and her mother her mother her mother her mother her mother her mother.” On the same day, around 19:35, the Defendant’s wife and the victim, together with the Defendant’s residence, went to 1108 Dong302.

피고인은 집 안에서 딸에게 텔레비전을 틀어준 채 피해자와 치킨을 먹으면서 술을 마시다가, 같은 날 22:00경 피해자에게 크리스마스 트리를 보여주겠다면서 거실 불을 끈 다음 주방으로 가 거실에 있는 피해자를 주방으로 부르고, 주방으로 온 피해자에게 “내가 누구든 힘들면 안아줄 수 있다고 했지 안아줄게.”라고 하면서 피해자를 끌어안고 피해자에게 키스하고, 피해자가 “왜 그러세요.”라고 하며 피고인을 밀어냈음에도 “왜 그러긴 뭘 왜 그래.”라고 말하며 피해자를 안은 채로 밀면서 안방으로 들어 가 피해자를 침대에 눕혔다.

Although the Defendant continued to engage in sexual intercourse with the victim on the part of the victim at home, the victim was pushed down with the victim at home, stating that the victim was “dyp. Myp. Myp,” the victim’s body was cut off, and she was sexual intercourse with the victim on one occasion by taking the body of the victim.”

Accordingly, the defendant has sexual intercourse with the juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Stenographic records (victim's statement), stenographic records (victim's second protocol), transcript notes, transcript notes (1) and recording notes (2);

1.Each.

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