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(영문) 수원지방법원 2019.05.30 2019고합41
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, some of the records in the indictment were modified.

At around 06:40 on January 4, 2018, the Defendant found the building No. Ga, E, and F, together with the victim D (name, name, 15 years of age), called “I have come to know the money,” made E, F, and the victim only left inside the protection room, and f, f, f, f, and f, f, f, f, and f, f, f, with the victim who want to sleep at the bed in the bed.

The Defendant, at around 07:00 on the same day, her fingers, her fingers into the victim’s inner part, and her chests, and the victim took her face, and rejected the victim’s face. However, the Defendant continued to keep the victim’s panty by inserting her fingers into the victim’s inner part, and her fingers out of the victim’s inner part while leaving the victim’s inner part, and her her fingers out and left the victim’s inner part.

In this regard, the victim, who is aware of the defendant's usual violence tendency, did not properly resist the victim's body, and sexual intercourse was committed by inserting the defendant's sexual organ into the negative part of the victim's body who was exposed to the victim's body.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement made to D;

1. Referral table 5 of evidence list);

1. One copy of the Bel CCTV CD (Evidence No. 14);

1. With respect to the fixed response of appraiseds, the application of Acts and subordinate statutes to the investigation report (as regards the results of the electronic appraisal, No. 16 of the evidence list), investigation report (including the submission of additional materials (including the accompanying documents), evidence list 10,11), investigation report (as regards the results of the electronic appraisal, No. 8 of the evidence list

1. The punishment provided for in Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is set forth in the corresponding Article of the Act and sentence concerning criminal facts;

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