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(영문) 창원지방법원 2020.05.07 2019고합216
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on July 15, 2019, the Defendant, along with the Defendant’s residence of Kimhae-si B apartment C, with the Defendant’s friendly juvenile victim E (n, 16 years of age) who had her friendly son and her son and her son, had her drinkd, and had the Defendant enter the above D’s room in around 05:00 on the same day, and had the victim her locked to have her flive Rape and photograph it.

In spite of the victim's strings, the Defendant continued to set the strings of the victim who was diving by entering the above D room, and the victim broken the strings due to the strings, the Defendant continued to take the strings of the victim's cell phone, taken the strings on the victim's cell phone, put the hand below the victim's half, panty, and repeated the Defendant's fingers into the part of the victim's sound, and cut the Defendant's fingers.

Since then, the defendant put his hand under the back of the victim's panty, panty was punished, and repeated actions to put the hand of the defendant into the part of the victim's panty, and the defendant taken a re-dynamic image using the aforementioned mobile phone.

As a result, the defendant knew that the juvenile victim was locked and tried to rape the victim by using it, but the victim did not have the state of mental disorder or failing to resist due to the unlocked condition, so the defendant taken the body of the victim who could cause sexual humiliation or sexual humiliation against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and F;

1. Investigation report (as to attachment of materials to be submitted by a victim, No. 6 of the evidence list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Juveniles under Article 7 (6), (4), and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act, which choose the relevant criminal facts and sentence;

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