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(영문) 인천지방법원 2016.05.25 2015고합750
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant demanded D to seek a female to engage in sexual intercourse with 2nd unit 1 together with “C” smartphone-type display, the Defendant, along with D on May 2014, 2014, intended to divide the victim E (the age of 14 at that time), which is the line of D middle school, into D’s house and drink, and to have sexual intercourse with the victim.

Accordingly, around 17:00 on May 2014, D moved the victim at its own house of 103-dong 702-dong 103-dong 702, Seo-gu, Incheon-gu, and the defendant had the victim drink the victim by drinking the "Gang Game", and then let the victim and D enter the victim's sexual organ as soon as possible, and whether the victim "as soon as possible";

In refusing to do so, the defendant is forced to put the head of the victim to the sexual flag of the defendant by putting him/her head, making him/her fast, and the defendant who temporarily locked the place in order to put him/her a toilet in order to put him/her a toilet in his/her refusal to do so.

Although it was rejected, the victim was suffering.

D. The victim’s sexual intercourse with the victim by putting off panty and inserting his sexual organ into the part of the victim’s sexual organ, and D, after having been in the toilet, is in the process of the victim’s sexual intercourse as above, and is in the process of the victim’s sexual intercourse.

In other words, the two arms of the victim have been divided into two parts from the upper side of their head.

Accordingly, the defendant and D had sexual intercourse with the juvenile victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Commencement report of internal investigation, investigation report (the restoration of suspect D mobile phones), and investigation report (the attachment of text messages between suspect D and victim E);

1. Application of Acts and subordinate statutes to response to requests for digital evidence analysis, suspect D and victim E text messages;

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 30 of the Criminal Act, and the choice of imprisonment for a limited term as to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Criminal Act, the suspension of execution;

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