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(영문) 광주지방법원 2016.10.21 2016고합310
아동ㆍ청소년의성보호에관한법률위반(강간)등
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

Around June 2015, the defendant became aware of the victim D(M, 17 years of age) as a female-friendly district of pro-dong C, and thereafter became aware of the fact that he/she was living in an elementary school and became aware of the fact that he/she was living in an elementary school.

1. On June 18, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) caused the Defendant to have sexual intercourse with the victim in a way of the Defendant’s gathering at 102, 504, 2015.

During that process, the Defendant taken approximately 10 minutes of the color PC (Evidence No. 1) where the Defendant had sexual intercourse function, including the appearance of the Defendant’s sexual organ, after being charged only with the autopsy that the Defendant prepared in advance by the Defendant.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. On June 10, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) committed an interview with the victim at the place prescribed in paragraph (1) above, but rejected the contact.

The defendant stated that the victim "I would be able to talk with B", and the victim showed the screen image that the victim was found in the above defendant's house as shown in the above Paragraph 1, and the victim who was playing was demanded to erase the image of the defendant.

However, the Defendant threatened the victim that “I wish to erase the image, I must have sexual intercourse.” If the Defendant’s horses are not heard, the victim’s resistance, which led the Defendant to keep the Defendant’s sexually related images threatened without eliminating the sexually related images, had the victim off his clothes and inserted his sexual organ into the part of the victim.

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

3. The Defendant of intimidation Paragraph 2.

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