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(영문) 인천지방법원 2017.08.23 2016고합651
아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On November 24, 2015, the Defendant: (a) called “a victim F (F) who was aware of the victim F (V, 14 years of age) who was in a sexual influent apartment near the Da high school located in Nowon-gu, Seoul Special Metropolitan City; (b) went to the victim after drinking alcohol; and (c) the victim would get the victim into the G K3 car and move the victim to the other direction than his house, while moving to the Bupyeong-gu, Incheon Special Metropolitan City; (b) the victim was trying to open a door from the said car in the atmosphere where the victim was parked to the signal line; and (c) the victim was able to take the victim’s arms to take the victim’s arms, and let the victim take a serious bath, so that he would not get the victim out of the said car; and (d) the victim was driving the victim for about 30 minutes of the “Iel” located in Bupyeong-gu, Incheon Special Metropolitan City.

Accordingly, the defendant detained the victim.

2. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Bodily Injury caused by rape, etc.) committed an act in around 05:25 on Nov. 24, 2015, when the Defendant, as described in paragraph (1), was carrying a frighten victim, as stated in the above paragraph (1), with the victim’s sexual organ inserted the victim into the victim’s room 503 room, and acting as if the victim were at the time of the victim, and the victim, who was not allowed to get off his/her clothes, did not get off his/her clothes, and refused the victim’s sexual intercourse with the victim’s refusal to take off his/her clothes, followed the victim by putting the victim’s sexual organ into the part of the victim, thereby committing rape.

Some of the facts charged were revised to the extent that it does not interfere with the defendant's defense right.

After the locking of the Defendant continued, the Defendant shouldered the victim who was in the next place, and re-Raped the victim by taking advantage of the said victim’s resistance impossible condition.

As a result, the defendant rapes a female juvenile on two occasions, and in the process, the victim needs to be treated for approximately one week.

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