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(영문) 부산지방법원 2014.07.18 2014고합82
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

A defendant shall be punished by imprisonment for a maximum term of three years and six months, and a short term of two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) committed one-time sexual intercourse with the victim, who d's house located in C Apartment 309, Seoul Special Metropolitan City, Nowon-gu, on October 2012, after drinking alcohol together with the victim E (the 16-year old age), while drunkly drinking to the victim who was diving in the room.

Accordingly, the defendant has sexual intercourse with the victim who is a juvenile in a state of impossible failure.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. In October 2012, the Defendant lived at the victim D’s house in the early October 2012, and the victim crebly crepited the victim’s chest, resulting in indecent act against the will of the juvenile victim.

Around that time, the Defendant committed indecent act by force against the victim four times.

B. In October 2012, the Defendant: (a) reported that the victim E was kid from D’s house; and (b) carried the victim E was kid from D’s house; and (c) laid down the victim’s chest by hand.

The Defendant continued 3 to 4 times even if the victim refuses, and continued to look at the chest of the victim, and committed indecent act against the victim’s will.

C. On October 17, 2012, the Defendant: (a) around 03:00, at F’s house located in the above C Apartment 301 Dong 907, the Defendant considered the victim E, who was divingd in D and room; and (b) continued to take part in the victim’s side and the victim’s breast at two to three times, while the victim was refusing to refuse to do so, the Defendant committed indecent act against the victim’s will.

The Defendant, at F’s house around 17:00 on October 17, 2012, reported that the victim E was enjoying from D and room, and continued to meet the victim’s chest by hand even though the victim was refused to take advantage of the victim’s side, and led the victim to indecent act against the victim’s will.

3. The Defendant was guilty in 2012.

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