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(영문) 대전지방법원 2020.02.14 2019고합251
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

The request for the attachment order of this case is dismissed.

Reasons

1. Summary of the facts charged and the facts constituting a request for attachment order;

A. The summary of the facts charged is that the Defendant continued to provide economic support to the victim who is difficult to be in a family situation as a pro-friendly relationship and de facto marital relationship with the victim B (the age of 17). On July 2012, the Defendant was willing to engage in sexual intercourse by using the victim’s failure to refuse to follow the Defendant’s direction while attempting to assist the victim to undergo abortion surgery and to provide room and board so that the victim did not hear the Defendant’s horse.

At around 23:00-23:30, mid- July 2012, the Defendant, at the room of the victim in the D cafeteria operated by the Defendant in Gohap-gun, Gohap-gun, the Defendant: (a) told the victim who was suffering from the D cafeteria, that he would be “a large number of power”; (b) laid off the shoulder; and (c) took advantage of the victim’s arms that the victim could not resist due to fear of fear to the Defendant, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

B. A person against whom a request to attach an attachment order was made (hereinafter referred to as “defendant”) is found to have been made by committing a sexual crime on at least two occasions, and is highly likely to recommit a sexual crime in light of the background of the crime, the Defendant’s environment, character and conduct, etc.

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by this court as to the facts charged, it is difficult to believe the victim’s statement to the investigative agency that corresponds to the facts charged in the instant case as is, and the remaining evidence alone is insufficient to recognize the facts charged in the instant case, and there is no other evidence to acknowledge it.

When the victim is investigated by the police once and twice.

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