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(영문) 청주지방법원 2014.11.07 2011고합285
청소년의성보호에관한법률위반(청소년강간등)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person working as a staff member of the Diplomatic Association in the Chungcheongbuk-gun C, and the victim E (the age of 16 at the time of the crime) is a new staff member of the Diplomatic Association in the above Diplomatic Association, which was well known to the Defendant and the victim.

On August 9, 2009, the Defendant returned the victim to the above D church using the church straw with the victim, and thereafter, the Defendant used the church straw with the victim.

The Defendant, while driving the above vehicle, stops the above wing vehicle with the mind of having raped the victim in the Chungcheong-gun C, and stops the above wing vehicle, and thereafter standing above the back seat of the driver's seat where the victim is seated, and opened the victim beyond the victim's seat on the rear seat, and opened the victim beyond the victim's clothes on the left hand, and exceeded the victim's clothes with the left hand, and rape the victim after suppressing the victim's resistance, such as pressing the victim's chest and the part of the body of the victim's chest and the part of the body with the left hand, and raped the victim from around that time.

8. Until the Middleman, a juvenile victim was raped five times as shown in the annexed List of Offenses.

2. The aforementioned facts charged constitute a crime falling under Article 7(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009; hereinafter the same) and Article 297 of the Criminal Act, which cannot be prosecuted against the intent expressed by the victim under the proviso to Article 16 of the former Act on the Protection of Juveniles against Sexual Abuse.

However, according to the written agreement bound in the records, the victim can recognize the facts that he/she expressed his/her wish not to punish the defendant on November 7, 2014, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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