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(영문) 전주지방법원 정읍지원 2019.01.09 2018고합11
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

1. On November 30, 2017, the Defendant: (a) called the victim C (here, 15 years of age) who is a child or juvenile at the her mother-gun B located within the former North Korea, from around 07:41 on November 30, 2017, the Defendant refused to leave the her school; (b) however, the Defendant continued to use the her mother to get the victim into the her mother-owned taxi and let the victim get the victim get into the her mother-owned taxi.

At around 08:00 on the same day, the Defendant: (a) sent the victim who was getting on the said taxi in the said telecom to the said telecom Dhode room; (b) from around that time to around 09:30, the Defendant laid off the victim from the bed; (c) exceeded all the victim’s upper, lower, and clothes; and (d) stated that the victim “I would talk to the speech without hearing the inside,” “I would talk to the speech if I would attend the school,” and “I would want you would attend the school easily; (d) the body, such as the victim’s chest, etc., are confined to several times, and sexual intercourse was added to the part of the victim’s sexual organ, and put the victim’s sexual organ into the victim’s entrance.

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

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence (Ameras, etc.) taken video pictures using the Defendant’s mobile phone without the victim’s permission while gathering the victim’s sexual organ from around 08:00 to 09:30 on November 30, 2017 to gathering the victim’s sexual organ into the victim’s entrance as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C (Stenographic record);

1. A copy of the seizure records and the gross list of seized articles;

1. In relation to investigation report, ctv video recording cases installed at the place where the crime was committed, E interview, which is a taxi engineer who loaded the victim, the suspect and the victim on the day of the instant case, the attachment of photographs to the Felel, and the cell phone of the victim.

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