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(영문) 인천지방법원 2017.11.24 2017고합290
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for a maximum term of three years and six months and a short term of three years.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. The crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse are the crimes committed by the Defendant with the knowledge of the victim C (math 15 years of age) and her ex post facto distribution.

On January 1, 2016, at around 03:30, the Defendant knew that the victim drinks the Ecomhere F and alcohol in Nam-gu Incheon Metropolitan City D on January 1, 2016, and had the victim talked with the victim by telephone, and allowed the victim to have sexual intercourse with the victim by using the fact that the victim had already been under the influence of alcohol.

Thus, while the defendant was running a game in which G, the victim, or the person in F and the person in possession of the game play alcohol in the form of a penal provision, the victim and F are under the influence of alcohol, the victim and F are used on the floor, and F was off the victim's will and clothes, and F was in sexual intercourse once by inserting the defendant's sexual organ into the part of the sound of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-recoverable condition.

2. Around June 2016, the Defendant acquired a resident registration certificate, which was lost by the victim H in the correction of the Incheon National University, located in 100 as a reduction in the Nam-gu Incheon National University.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

3. On July 7, 2016, the Defendant violated the Resident Registration Act: (a) around 23:54, the Defendant was requested to present an identification card to verify whether he/she is a minor from K in the J restaurant located in Nam-gu Incheon Metropolitan City, Nam-gu; (b) the Defendant had the same as paragraph (2).

H's resident registration certificate was presented as one of his own resident registration certificates.

Accordingly, the defendant used his resident registration certificate unlawfully.

Summary of Evidence

[Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-rape)] is the defendant's person.

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