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(영문) 창원지방법원 진주지원 2016.07.07 2016고합1
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant had been aware of the victim E (e.g., 15 years of age) through hosting Internet CKapets with intent to commit indecent acts and sexual intercourse by force.

1. On September 4, 2015, at the G elementary school located in Jinju City, around 19:00, the Defendant: (a) placed the arms under both arms of the victim; (b) prevented the victim from leaving the body; (c) kid the victim; (d) kid the victim; (d) kid the victim’s kids; (e) kids the victim’s chest into the victim’s panty line; and (e) kids the victim’s chest into the victim’s panty line.

Accordingly, the Defendant committed an indecent act against a child or juvenile victim by force.

2. On September 4, 2015, the Defendant, at around 19:40 on September 4, 2015, 19: (a) exceeded the clothes of the Defendant, and was off from the Defendant’s clothes at once, with the victim’s fright and panty together; and (b) was refused by the victim, while the victim’s fright and panty were called “Ima”, he had sexual intercourse once by inserting his finger into the part of the victim’s sound, putting his fingers into the part of the victim’s sound, putting them into the victim’s two legs and inserting them into the part of the

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each video recording CD;

1. Statement protocol by the police for E;

1. E statements;

1. Report on investigation (specific place for committing the crime);

1. Application of the provisions of Acts and subordinate statutes on the screen of a computer, request for cooperation in the provision of data of each CCTV, each CCTV CD, suspect form, I innife photograph, and the following photographics:

1. Relevant Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (a point where a person commits an indecent act against a child or juvenile by force, choice of imprisonment), Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point where a person commits an offense by force and a choice of imprisonment with labor for a limited term);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act (the punishment is more severe than that provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse).

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