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(영문) 서울남부지방법원 2020.03.27 2019고합503
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

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

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

A. From around 2018, the Defendant was in a de facto marital relationship with B, and the victim C (the victim, 15 years of age) is his/her husband’s wife, and the Defendant’s wife’s wife’s wife.

At around 01:55 on December 2, 2019, the Defendant: (a) opened a victim’s house at the small room in Guro-gu Seoul Metropolitan Government D3rd floor*****, and entered into the room, and (b) opened and entered the house by the Defendant, and (c) opened the house by the Defendant, but still string the eye in the string mind, the Defendant still string the eye in the string mind, after putting the string hand of the victim into the string clothes of the victim, opened the strings of the victim, opened the strings of the victim, cut off the strings of the victim, cut off the strings of the victim, and sexual intercourse with the part of the victim by inserting the Defendant’s sexual organ into the part of the victim’s strings of the victim on both sides, and was frightd by the Defendant.

Accordingly, the defendant tried to have sexual intercourse with the victim, who is a child or juvenile with a state of impossibility to resist because he/she was diving, but he/she did not have attempted because the victim was broken in diving.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning B;

1. Records of statements made by victims;

1. A letter of prosecution and a letter of request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the gathering of victims of crime and telephone conversations);

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 299 of the Criminal Act; Articles 15 and 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act concerning the crime;

1. Articles 40 and 50 (limited to the punishment prescribed for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment heavier than the punishment shall be imposed: Provided, That the lowest sentence shall be determined by the punishment prescribed for the crime of quasi-rape in relation to relatives) of the Criminal Act;

1. Selection of penalty;

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