(영문) 수원지방법원 2013.05.14 2013고합180

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(영문) 수원지방법원 2013.05.14 2013고합180

아동ㆍ청소년의성보호에관한법률위반(강간)

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A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At the end of August 2011, the Defendant carried the victim C (at the time, 16 years of age) with the introduction of the friendship club, and then carried the victim into Embel located in Pyeongtaek-siD, while playing in the singing room by not later than 1st day following the day after the new wall.

The Defendant, in a room outside the above telecom, dump with the victim, dumped him, and dumpedly humpedly, dumped the victim’s hump into the bed, dumpedly humped, dumped the victim’s hump on the body of the victim, dump the victim’s hump into the victim’s panty, dumped the victim’s hump, and raped the victim by sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F, G, and H;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The defendant asserts that at the time of determining the defendant's assertion on each recording record, the defendant only had sexual intercourses under the agreement with the victim, and that there was no sexual intercourse by suppressing the victim's resistance.

However, the following circumstances acknowledged by the evidence duly adopted and examined in this court, namely, ① even if the Defendant and the victim had talked with other friendships for the first time before the crime of this case was committed and had continued until the Defendant moved to the restaurant where the Defendant works, then the Defendant’s new wall continued to go home, due to the indivation with his father, he was able to go home to the telecom in order to prepare a keep for the victim who refused to go home, and the situation before and after that day, the victim cannot be deemed to have started the school system by way of a 16-year old-old female life, and the victim cannot be deemed to have responded to the Defendant’s request for sexual intercourse, which is difficult to deem to have started. ②

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