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(영문) 인천지방법원 2020.11.20 2020고합151
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no risk of actual disadvantage to the defendant's exercise of the right of defense, part of the facts charged was appropriately revised.

[Criminal Power] On September 26, 2019, the Defendant was sentenced to two years of suspension of execution on August 5, 2019 to imprisonment with prison labor for an attempted fraud and a violation of the Punishment of Violences, etc. Act (joint assault) at the Incheon District Court on September 26, 201.

【Criminal Facts】

Around January 29, 2019, the Defendant stated the victim B (Inn, 16 years of age)’s age as “17 years of age” in the indictment via the Round Round “Imthy Stockholm,” but when calculating the victim’s age based on the date of birth indicated in the evidence record, the victim’s age at the time of the instant crime is 16 years of age, and such correction is made as above.

The victim shall become aware of sexual traffic with the victim, and the victim shall be fully aware of sexual traffic.

However, the defendant suggested that "I will not see the same thing as I would like to do. If I will am mixed with sexual traffic, I will see the danger, and 50-600,000 won per case can be punished. Instead, since I would like to be a minor, I would like to report I would like to I would like to the police. I would like to take off the sexual relation video."

The Defendant, who responded to this, entered a hotel in Bupyeong-gu, Incheon, Bupyeong-gu, in a sexual intercourse with the victim, taken a face of having a sexual intercourse with the victim’s cell phone. However, the Defendant did not contact the victim after hedging with the victim. On February 13, 2019, the Defendant was able to re-consting the victim with the victim by conducting a re-consting at around 00:12, 2019, and on the same day, at around 00:29, the Defendant was able to see that he was the victim, who was in conversation with him, was the victim, and was able to rape the victim by taking advantage of the fact that he was the victim’s sexual intercourse video.

The defendant at around 00:29 on the same day, Dong-gu Incheon Bupyeong-gu.

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