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(영문) 청주지방법원 2017.11.03 2017고합235
미성년자의제강간
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was prosecuted by the Defendant as “F life,” but according to the statement of family relation certificate attached to the agreement among the trial records, the victim is obviously “D life,” and thus, the victim is correct ex officio.)

B It is a space between the smartphone-making type ‘E’ and the smartphone-making type ‘E’.

1. On March 30, 2017, the Defendant sent a text message stating that “the Defendant will give KRW 100,000 to the victim in return for sexual intercourse” to the victim on or around March 30, 2017.

On April 9, 2017, the victim accepted it, and around 12:00 on April 9, 2017, the victim had been in front of H middle school located in Cheongju-gu, Seo-gu, Seo-gu, Seo-gu, Young-gu, and had the victim go in front of the defendant's house located in 203-dong 908 of the former I apartment house 203-dong 208, the victim was in front of the defendant's house, and the film was in front of the victim at around 14:00 on the same day on the same day, and the victim was in front of the victim's chest and sound part of the victim's body, exceeded the victim's clothes, inserted the victim's sexual organ into the part of the victim's body, and continued sexual intercourse was committed by inserting the victim's sexual organ into the part of the victim's body.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

2. On May 6, 2017, around 11:40 on May 6, 2017, the Defendant, at the Defendant’s house, issued KRW 100,000 in cash to the victim’s home, and, by hand, sent the victim’s chest to the victim’s chest, added the finger to the victim’s negative part, added the Defendant’s sexual organ into the victim’s negative part, and had sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Video-recording CDs or stenographic records;

1. Application of the Acts and subordinate statutes governing internal investigation reports (Attachment of victim photographs), victim photographs, investigation reports (Attachment of a report as a result of digital evidence analysis), text messages sent by the defendant to the victim, and text messages sent by the victim to the defendant;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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