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(영문) 서울서부지방법원 2017.05.25 2016고합411
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 20, 2016, the Defendant: (a) discovered the appearance of being drunk, breathing from the access road in front of the △△△△△ Complex in Eunpyeong-gu Seoul, Seoul; (b) the victim G (F apartment building, 18 years old) who is a child or juvenile; and (c) found the appearance of being drunk to the extent that she takes the attitude of panty and panty; and (d) anticipated the victim to engage in sexual intercourse by taking the victim’s hand in his/her residence; and (e) putting the victim’s hand on his/her hand; and (e) sending the victim’s internal corridor and underground parking lot on the said apartment.

A. On October 20, 2016, around 02:30 on October 20, 2016, the Defendant: (a) placed the victim under the influence of alcohol on the floor; (b) placed the victim under the influence of alcohol on the floor in the middle part of the fifth floor of the apartment △△△△△△, a front of the victim’s residence; and (c) placed the victim in a state of resistance on the floor; and (d) placed the victim’s

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

B. On October 20, 2016, at the second floor parking lot of the above apartment on the second floor, the Defendant: (a) had sexual intercourse with the victim on one occasion; (b) had the victim again moved into a Hgol-low vehicle owned by the Defendant; and (c) had sexual intercourse with the victim’s fright and panty in a state of impossibility of resistance by drinking only on the back of the said vehicle; and (d) had sexual intercourse with the victim out of the victim’s fright and panty in a state of impossibility of resistance.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-competence condition.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) within the passenger car of the above Defendant between October 20, 2016 and October 204:13, 07:27, and even after having sexual intercourse, the Defendant still was in possession of a person who was locked without being able to keep the victim out of mind by having sexual intercourse with the victim.

The victim, such as telegraphs of the victim, the sound part of the victim, etc., who was locked by using 5 dudles (No. 1) in judles and panty functions.

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