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(영문) 광주지방법원 2016.05.27 2015고합463
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for not less than one year 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

The defendant and the victim (the age of 15) are those who have been faced with sexual intercourse during the three-day period from April 2015 to the police officer in the middle of April 2015.

1. On May 2015, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Conduct, such as Fraudulent Means, etc.), demanded that the victim be towed by a female toilet column in Gwangju Northern-gu, Gwangju, and opened the door and cut the door “as soon as the sexual flag” after the victim was rejected. However, as the victim refused, he/she was able to write down and her sexual flag with his/her hand and her own sexual flag rapidly by attracting him/her.

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

2. On May 2015, the Defendant, who violated the Act on the Protection of Children and Juveniles against Sexual Abuse, said that the Defendant stated that he was “in the victim’s room 9,” located in Gwangju Northern-gu, referring to the “in the victim’s room,” and demanded that the Defendant met the chest by inserting his hand on the part of the person who has suffered the bodily injury, and changed the chest,” but the victim refused the request, thereby putting the head of the victim’s head on his hand, and putting him into the custody of his sexual organ.

Although the Defendant continued to demand the victim to have a sexual intercourse and the victim refused at the time, the victim was placed in a sofarced so far as he did not board the victim, she was placed on the body of the female, so that he could not leave the victim by her hand, and one hand was off the victim's panty, and inserted his sexual organ into the victim's panty.

Accordingly, the defendant raped the victim who is a child or juvenile.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. The Defendant, even though the victim said that he was “do not photographed” at the date, time, place, and place indicated in paragraph 1, taken the victim’s image as soon as possible using a mobile phone camera.

B. The Defendant is the date, time, place, and victim as stated in paragraph 2.

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