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(영문) 의정부지방법원 2018.10.19 2018고합243
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment with prison labor for fourteen years.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Reasons

Punishment of the crime

To the extent that it does not infringe on the defendant's defense right, the phrases of the facts charged were partly revised.

As the parents of the victim B (L, 15 years old), the Defendant had the Defendant’s wife in mind to have sexual intercourse with the victim by force, taking advantage of the circumstances that it is difficult for the victim to easily refuse physical contact with the Defendant, who is a male with more physical strength than himself/herself, to make it difficult for him/her to have his/her body contact.

1. On November 2017, the Defendant, at the time of the Defendant’s residence, went off the arms of the victim who reported TV from the cell frights of the ward, and laid down the victim on the floor, made it impossible for other victims who are on the body of the victim to leave the room, and she off the victim’s panty and inserted the Defendant’s sexual organ into the part of the victim’s sound, thereby having sexual intercourse once with the victim.

2. From November 2017 to early December 2017, 2017, the Defendant: (a) prevented the victim from leaving the victim’s body located above the body of the victim who was taking part in a sofetion in the living room located in the above Defendant’s residence; (b) obstructed the victim’s chest, etc. from leaving the victim’s chest; (c) dumped the victim’s fingers; (d) exceeded the victim’s fright and panty; and (e) inserted the Defendant’s sexual organ into the victim’s negative part, thereby having sexual intercourse once.

The defendant had sexual intercourses with the victim two times in the above manner during the above period.

Accordingly, the defendant, by force, has sexual intercourse with the victim who is a juvenile with a total of four times.

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records on B;

1. Statement made by the police against B;

1. A copy of a medical certificate or medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to family relation certificates);

1. Article 7 (5) and (1) of the Act on the Protection of Sex Offenses of Children and Voluntary Child (Selection of Imprisonment with labor for a period of time) concerning facts constituting an offense;

1.Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the last sentence of the Criminal Code) of the Aggravation of Concurrent Crimes.

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