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(영문) 의정부지방법원 2020.03.26 2020고합1
미성년자의제강간
Text

A defendant shall be punished by imprisonment for two years.

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

Around November 2019, the Defendant stated the Victim B (a person under 11 years of age as “12 years of age,” but according to the records, the victim, as C.C., was aware of the fact that he was 11 years of age at the time of each of the instant crimes, and even if he was corrected ex officio, he did not bring about a substantial disadvantage to the Defendant’s exercise of the right of defense. As such, the Defendant came to know of the fact that the victim was 11 years of age, and even if he knew of the fact that he was 11 years of age, he was able to play as the victim at the Defendant’s home, and the victim was able to talk with the victim.

1. At around 15:00 on November 24, 2019, the Defendant: (a) asked the victim, while playing in the country with the victim, whether the victim was fine or not “(sex relations)” with the victim; (b) was off the victim’s fright and panty; and (c) inserted the Defendant’s sexual organ into the part of the victim’s sound.

2. On November 30, 2019, at around 14:30 on November 30, 2019, the Defendant asked the victim to see whether the victim is fine or not, and sees that “the victim is fine or not,” and exceeded the victim’s panty and panty, and included the victim’s panty in the part of the victim’s panty, and inserted the Defendant’s sexual flag into the part of the victim’s panty.

3. At around 15:00 on December 7, 2019, the Defendant: (a) asked the victim to see whether the victim is fine or not; and (b) asked the victim to see whether the victim is fine or not; (c) was off the victim’s will and panty; and (d) inserted the victim’s sexual organ into the part of the victim’s sound.

4. At around 17:00 on December 7, 2019, the Defendant was playing with the victim after the completion of the sexual relationship with the victim, as described in the above paragraph (1), at the residence of the Defendant as described in the above paragraph (3).

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