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(영문) 부산고등법원 2016.07.14 2016노88
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The prosecutor changed the indictment at the trial of the court below to the effect that Article 2(1) of the indictment of the case No. 2015 is a single crime, reduces the number of sexual intercourse under paragraph (2) and applied for the amendment of the indictment to the effect that the specific act is increased, and since the above application was changed to the subject of the adjudication by this court, the judgment of the court below is no longer maintained.

Accordingly, Article 2 of the facts charged in the case of 2015 Gohap 215, which is subject to the final judgment of the court below, is as follows.

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

A. The Defendant, along with C on May 20, 2014, committed a crime against the victim J, committed a crime with the victim J, had been in a mountain for the funeral of his/her natives, and he/she had been aware of through his/her natives D (the age of 18 at the time of committing the crime) to have sexual intercourse with the victim J (the age of 18 at the time of committing the crime) who was aware of the fact that he/she had sexual intercourse with C.

C In the above-mentioned day, the victim was killed in the visitors room in the Bulsan, etc., and the victim said, “(sex relation) once” was said to be the victim. However, the victim refused this, and the victim was forced by force that the victim was able to take the arms of the victim by hand, and the victim’s clothes against the victim resisted by “Ie D.,” and the victim’s sexual organ was sexual intercourse by inserting C’s sexual organ into the part of the victim.

Then, the defendant, who entered the above guest room and was divingd by C's sexual intercourse act, and the victim resisted against "Ma. Ma." The victim's hand and "Ma. Ma." The victim's step on the part of the victim's ship is equal to the victim's force.

"............... the two descendants of the victim knife the head of the victim, and the chest and the head of the victim shouldered, and sexual intercourse by inserting the Defendant's sexual organ into the sound part of the victim.

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

B. The Defendant was committing a crime against the Victim J and K. C.

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