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(영문) 인천지방법원 2020.02.14 2019고합787
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
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

The defendant came to know through the game community among victims B (the age of 18) and North America students.

On August 2, 2019, the Defendant: (a) around 21:40, at the Coinnae room located on the first floor of Dongjak-gu Seoul Metropolitan Government “D”, the Defendant intending to see the victim’s face while playing in a singing room with the victim’s body, playing together with his house through the community; (b) was defective in sexual intercourse with the victim; (c) but the victim was refused to stop his/her entrance and opened the entrance on the ground that he/she was male-only, and was able to see the victim’s face; and (d) was able to see the victim’s face with the victim’s body, and she continued to see the victim’s face with the victim’s body, and then she was able to see the victim’s face with the victim’s body, and then she was able to have the victim’s s/he/she was able to have the victim’s face immediately after leaving the entrance.

As a result, the Defendant committed similar rape against a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Recording recording;

1. Photographss of seized articles and Kakao messages;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of data concerning the victim's age);

1. Article 7 (5) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Discretionary mitigation Criminal Act;

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