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(영문) 대전지방법원 논산지원 2014.09.24 2014고합15
아동ㆍ청소년의성보호에관한법률위반(강간)등
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

1. Indecent acts by compulsion;

A. On March 9, 2013, around 10:45, the Defendant: (a) committed an indecent act by force, such as: (b) moving the victim C (the age of 14) to a place where closed-circuit TV is not installed at the 5th floor of the Yaeaeadong Museum located in the Chungcheongnam-gu Seoul Special Metropolitan City, Chungcheongnam-do; (c) continuing to move to the place where a closed-circuit TV is installed; (d) moving to a video pipe in the above museum to a hand; (e) taking the hand; and (e) taking the finger back to the refused victim; and (e) taking the chest back below the upper part.

B. At around 11:00 on March 9, 2013, the Defendant committed an indecent act by force, such as taking the victim and the film specified in the preceding paragraph from the E film museum located in Chungcheongnam-gun, Chungcheongnam-gun, by gathering the hand from the victim who was refused, putting the hand into the lower part of the body, putting the hand into the knife, making the knife into the knife, making the knife into the knife and drinking with the knife.

2. At around 15:10 on March 9, 2013, the Defendant: (a) followed up the F in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and talked in singing in a singing singing room; (b) left the fingers on the part of the victim as stated in paragraph (1); (c) opened the fingers by inserting the fingers into the kys; and (d) “one-time defect” in the fingers; (b) however, the Defendant refused the victim’s refusal to do so; (c) neglected the victim’s hand; and (d) neglected the victim’s hand from the shock; and (d) went off the victim and panty at one time, left the victim’s body; and (e) kys the victim was unable to move, and raped by having sexual intercourse once with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Recording records;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment to Counseling Day for Victims C Schools);

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) regarding criminal facts; Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse; and imprisonment with labor for an indecent act by compulsion.

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