(영문) 의정부지방법원 2013.04.26 2012고합818

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(영문) 의정부지방법원 2013.04.26 2012고합818

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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A defendant shall be punished by imprisonment for five years.

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

Reasons

Criminal facts

On October 2012, the Defendant came to know of the victim C (nive, 17 years of age) through a mobile phone hardening application, and introduced the victim himself as 23 years of age. On October 20, 2012, the Defendant began to meet the victim's teaching system.

1. Around 03:00 at the end of October 2012, the Defendant: (a) committed indecent act by force by force against the victim by committing an indecent act against the victim’s sexual organ, as the Defendant’s home, at the time of Macheon-si D apartment 315 105 dong 1005, referred to as the Defendant’s refusal to do so; and (b) the Defendant’s chest was sealed, pushed off, pushed off, and fright against the Defendant’s chest, and boomed the victim’s resistance; and (c) he was sexually imprising the Defendant’s sexual organ against the Defendant’s sexual organ.

2. From around 1:30 on December 3, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury from Rape, etc.), from around 11:30 on the same day with the victim, the victim was able to drink alcohol at the above Defendant’s house without the victim’s speech at around 16:00, and the victim was misunderstanding that the victim, who was going to leave the house of the defendant, had the house of another male, and found out the house of the victim on the 6th apartment space and requested to open a door. However, the victim was able to open the door so that the victim might not open the door and damaged the lock system, and invaded the victim’s house. In order to rape the victim with the victim, the victim was able to keep the victim from committing rape, and the victim was forced by force, and then, the victim was frightd by suffering from sexual intercourse with the victim, making the victim’s hand kn's injury and suffering from sexual intercourse, etc.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The defendant's partial statement in the first protocol of trial;

1. Each police statement of C;

1. E statements;

1. The record of sexual assault victims and the report of investigation and the submission of the written diagnosis of victims;

참조조문

-청소년의 성보호에 관한 법률

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