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(영문) 서울동부지방법원 2016.06.30 2015고합244
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 13, 2015, at around 18:00, the Defendant, a female juvenile in Dongjak-gu Seoul Metropolitan Government, drinks alcohol with the victim, the victim’s friendship G, and then, from around 20:28 to around 21:20 on the same day, the instant facts charged in the instant case, which are being in contact with the victim, are “after leaving the victim on the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against the bed against

In order to be off from the victim's bar, the victim saw that the victim saw, "ma," and sees the victim's bar, the victim goes off from the victim's bar and panty, puts off the victim's bar and panty to the victim's hand, restrains the victim's resistance by hand, and inserting the victim's chest into the part of the victim's chest.

Accordingly, the defendant had sexual intercourse with a female juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F (victim), G, H and I;

1. Each police statement made to F (victim) and H;

1. A written expert opinion (74 pages of evidence records);

1. An investigation report (the filing of the content of personal text messages) and text messages attached thereto;

1. Determination as to the Defendant and his/her defense counsel’s assertion on the following: (a) the Defendant’s photograph of the finite message (Evidence No. 110, 111

1. The summary of the assertion is only a sexual intercourse under agreement with the victim, and there is no fact that the victim has sexual intercourse by force.

2. “Authority” under Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is defined as a means of indecent act or sexual intercourse, refers to a sufficient force to suppress a victim’s free will, and does not ask him/her either tangible or intangible, and thus, not only assault and intimidation but also use the social, economic, and political status or authority of the actor.

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