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(영문) 수원지방법원 안산지원 2013.06.21 2012고합633
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by a fine of four million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 02:30 on July 10, 2012, Defendant A play together with Defendant B, who was a soldier on leave in the vicinity of E elementary school located in Ansan-si, Sinsan-si, Sinsan-si, Ma-dong G, and Defendant B, the victim H (Y, 16 years old), victim I (n, 17 years old), and the victim I (Y, 17 years old), who was listed on the sports ground in E elementary school, performed a drinking-line game, and play together with “snish snick Snick Snish.”

At around 05:00 on the same day, the Defendant committed an indecent act against the victim H committed an indecent act by committing an indecent act against the victim, such as drinking the victim H by drinking alcohol and taking the victim’s name into the chest, drawing the victim’s chest into the chest, drinking the victim’s chest, making the victim’s chest prompt with his/her finger, drinking with his/her clothes, and neglecting to resist.

B. After committing the above act, the Defendant: (a) reported that the victim I was under the influence of alcohol on the opposite side of the standards after having committed the above act; (b) obstructed the victim’s sexual organ by entering the victim; and (c) obstructed the victim’s sexual organ; and (d) obstructed the victim’s sexual organ while entering the victim; and (b) attempted to have sexual intercourse with the victim by inserting the victim’s sexual organ into the part of the victim’s sexual organ by taking advantage of the victim’s condition where the victim did not resisting the Defendant due to the influence of alcohol; (b) however, (c) attempted to have sexual intercourse with the victim by inserting the victim’s sexual organ into the part of the victim’s sexual organ by taking advantage of the victim’s condition where the victim was unable to resist properly due to the b

2. Defendant B, while drinking alcohol at the time and place under Paragraph 1, committed an indecent act by the victim H by drinking alcohol, by reporting that the victim H was able to do so by hand.

Summary of Evidence

1. Each legal statement of the Defendants (as of the fifth trial date, respectively);

1. The I statement recorded in one video CD;

1. Statements made by G among the suspect interrogation records of the Defendants and G by the prosecution

1.The police of I.S.

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