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(영문) 전주지방법원 2018.02.01 2017고합164
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant is a space between the victim C (n, 14 years old)'s mother D and about 8 months' living together.

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

A. At the time of spring study around 2017, the Defendant, at around 16:00, committed a crime, had sexual intercourse with a child or juvenile victim by force by inserting her panty and panty panty with the victim, who was reporting a cell phone from the D’s house located in the Young-gu E 401, Young-gu, Chungcheongnam-gu, Seoul around 16:0, when springing around 2017.

B. Around April 2017 to June 6, 2017, the Defendant had sexual intercourse with a child or juvenile by force with the victim, who was divingd due to being locked in a bed at the same place as the above-mentioned paragraph (a) at a time and at a time. The victim was shouldered and refused the victim’s clothes, who was forced off the victim’s clothes, and went off the victim’s body, and went off the victim’s body, and frighted the victim’s chest immediately, and inserted the Defendant’s sexual organ into the part of the victim’s body once by inserting it into the part of the victim’s body.

2. Around August 4, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse ( quasi-conformity) committed a similar rape against a child or juvenile, by inserting the victim, who was divingd in his/her house located in D’s house located in F 302, Jin-jin-gu, Seoul, Seoul, off his/her clothes, cutting off his/her clothes, and inserting his/her fingers into the part of the victim’s sound, thereby taking advantage of his/her mental and physical loss or resistance impossible condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. C’s statement contained in video recording CDs;

1. Statement made by the police against D;

1. Notice of the results of statement analysis, genetic appraisal, and recording notes;

1. Application of Acts and subordinate statutes to medical treatment;

1. Article 7(5) and 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the expression "compact between children and juveniles by force" and the choice of a sentence on the crime).

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