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(영문) 부산지방법원 2017.09.15 2017고합314
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

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

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

On October 3, 2016, at around 23:00, the Defendant: (a) carried the alcohol and an internal alcohol with the Victim D (13:00) with the sperm installed in Busan Franchi C Apartment-gu, Busan, and drink the alcohol together with the Victim D (13:0), and (b) had the Defendant scam scambly with the Victim; (c) had the Victim had the mind to have sexual intercourse with the Victim; and (d) had the Victim scambly scam on the side of the Victim; (c) had the Victim scambling; (d) had the Victim scam with the Victim scambling; and (e) had the Victim scam together with the Victim scam; (e) had the Victim scam in the victim’s clothes; and (e) had the chest scam of the Victim scam in the victim’s clothes.

Therefore, even though the victim was "I Ma", and the defendant got off the victim's will and had sexual intercourse with the victim, although the defendant tried to have sexual intercourse with the victim, the victim was not off his will with both descendants and did not refuse to do so.

The Defendant continued to make a statement to the victim “Irnman,” and even “Irnman, Irnnnman, if Irnman’s male-gu flicker flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s fl

Accordingly, the defendant, by force, intended to have sexual intercourse with a child or juvenile victim, but failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made by the victim D in a video CD recorded in the victim's investigative video;

1. Application of Acts and subordinate statutes on scene of crime;

1. Article 7 (6), (5), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (selected to imprisonment with labor for a period) concerning the crime.

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