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(영문) 창원지방법원 마산지원 2013.05.08 2012고합119
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On February 14, 201, the Defendant: (a) around 11:00, at the time of the Victim E (Inn, 13 years of age) located in the Haak-gun, Haak-gun, Haan-gun, the Defendant: (b) provided that the Defendant would have sexual intercourse once with the victim by leaving the victim on a bed and bed in the bed; (c) on a daily basis, the victim would have been able to have a sexual intercourse, and (d) the victim would have been placed on the bed in the bed; and (e) the victim would have been able to have a sexual intercourse. Even if the victim did not want to have a sexual intercourse, the victim would have colored, covered the face, cover the finger face, and expressed his/her intention to refuse it, deducted the victim’s clothes and forced the victim’s clothes against the victim’s will; and (e)

B. On May 201, the Defendant: (a) called the victim who reported a tugboat at the G Schoolhouse located in F of the Republic of Korea, the Defendant: (b) called the victim on a tugboat at the said church; (c) put the victim into his/her room; and (d) tried to be out of the victim’s seat; and (d) tried to be out of the victim’s seat; (c) the victim was deprived of the victim’s will and panty; (d) the victim was forced to be out of the victim’s seat; and (e) the victim was forced to have sexual intercourse once by force.

2. Determination

A. The Defendant asserts that there was no fact of exercising force by force with sexual intercourse under agreement with the victim.

The evidence of conviction against the charged facts of this case includes the victim's statement recorded in the video CD or H's statement in the police of the victim, and H's statement contains the victim's statement that the victim appeared from the victim of this case. Thus, the victim's statement is the only evidence of this case.

B. (1) “Incompetence” under Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a sufficient force to suppress a victim’s free will, and is not charged with a tangible, intangible, or intangible. Therefore, not only assault and threat but also the offender’s social and political position or right.

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