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(영문) 서울남부지방법원 2018.04.06 2017고합556
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by a fine of seven thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The content of the facts charged was appropriately revised.

1. Defendant A and Victim C (V, 17 years of age) are as between Defendant A and Victim C (V, 2015) through a police officer in around 2015.

A. A. A. From September to October 10, 2016, the Defendant: (a) at the music practice room of the Yeongdeungpo-gu Seoul Metropolitan Government D and the 1st underground floor, the music practice room of the Defendant: (b) at the music practice room of the Plaintiff (E) and at the music practice room of the Plaintiff (E) 8; (c) at the micro lines located therein (e.g., combining the victim’s hand and sche; and (d) at the victim’s head in micro lines (e.g., taking off the clothes of the victim; and (e) had sexual intercourse by inserting his/her sexual organ into the part of the victim’s sound.

2) The Defendant, at the places described in the foregoing paragraph (1) from around September 2016 to October 10, 2016, forced the victim’s resistance by the foregoing method, and had sexual intercourse by inserting his or her sexual organ into the part of the victim’s clothes.

3) The Defendant, at the places described in the foregoing paragraph (1) from around September 2016 to October 1, 2016, and at the time of drinking and sprinking the victim, forced the victim to go against resistance, and had sexual intercourse by putting the victim’s clothes off and inserting his sexual organ into the part of the victim’s sound.

4) On November 2016, the Defendant: (a) at the toilets located in the places specified in the foregoing paragraph (1) around November 2016, the Defendant: (b) at the time of the victim’s drinking and shot the victim’s resistance; (c) exceeded the victim’s clothes; and (d) had sexual intercourse by inserting his sexual organ into the part of the victim’s drinking.

Accordingly, the defendant assaulted the victim who is a child or juvenile, and raped.

B. From September 2016 to October 10, 2016, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act)

A. (1) At the place described in paragraph (1), the victim spawned the victim’s resistance with drinking and spawn the victim’s clothes, she exceeded the victim’s clothes, and she spawnd the victim’s sound gate and spawn the victim’s sound gate.

Accordingly, the defendant committed similar acts to the victim who is a child or juvenile.

2. Defendant B approaches the victim C (the 17-year-old) who is a child or juvenile in a state of resistance by diving at a single soup room for Gabry in Gangseo-gu Seoul, Gangseo-gu, Seoul around October 2016 to around 11.

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