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(영문) 의정부지방법원 고양지원 2019.03.26 2019고합14
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

Defendants shall be punished by imprisonment for three years.

Provided, That each of the above punishments shall be executed for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is an operator of the cafeteria's "D," and Defendant B is an employee of the above cafeteria.

On May 21, 2018, the victim E (the 16-year-old age) visited Defendant B through the “F” in order to meet, and see, ice ice ice, etc. at around 14:30 on May 21, 2018. At around 21:00 of the same day, the victim E (the 16-year-old age-) attended the meals and drinking ices of the Defendants and other male employees opened on the 1st floor of the cafeteria and her employees, and dices alcohol by attending the above cafeteria at around 23:08 on the same day.

1. Defendant B, around May 21, 2018, up to 23:08, up to the second floor of the above restaurant, and was viewed as a potential victim, the Defendant had sexual intercourse with the victim by drinking the victim to have sexual intercourse with the victim, exceeding all clothes of the victim, and putting the victim’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the state of mental or physical disability or impossible failure.

2. Defendant A, at around 00:25 the following day, deemed the victim who was listed on the second cafeteria of the above cafeteria, and had sexual intercourse with the victim by inserting his sexual organ into the victim’s sexual organ after having sexual intercourse with the victim’s chest, etc.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the state of mental or physical disability or impossible failure.

Summary of Evidence

The defendants' respective legal statements G, I stenographic request for each appraisal request of H, internal investigation report (ctv related investigation), and accompanying field ctv photographs, internal investigation report (related to the attachment of field photographs) and photographs of the place of crime, investigation report (Listening to the victim's telephone statement report) and Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Code, respectively.

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