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(영문) 대전지방법원 2019.05.02 2019고합49
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

【Criminal Conduct】 The Defendants are relatives.

Defendant

B became aware of the victim C (the family name, the 18 years old) who is a part-time student when working on a mobile phone agency. On July 24, 2018, the Defendants, the victim, and the victim's friendly 4 persons drink the alcohol, and the victim's her friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend fri

【Criminal Facts】

1. On July 25, 2018, between 04:10 and 05:19, Defendant A: (a) reported that the victim was divingd in the state of her pansty inside the hotel E inside the above hotel; (b) exceeded the victim’s pansty and pansty; and (c) the Defendant exceeded the victim’s pansty and added the sexual flag into the victim’s her body and her sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

2. At around 05:30 on the same day, Defendant B tried to flap the Defendant’s sexual organ into the victim’s quality by taking advantage of the victim’s breath immediately after the victim was quasi-rapeed and set away, but the victim did not have the intent to blap the Defendant’s sexual organ into the victim’s body.

In this regard, the defendant attempted to have sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to C by the police;

1. Application of police investigation reports (report details, on-site conditions, etc.), field photography photographs, internal investigation reports ( CCTVs against DNA), response to requests for appraisal, agreement, video CD-recordings, and CCTV-related Acts and subordinate statutes;

1. The applicable criminal facts and the selection of punishment;

(a) Defendant A: Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and limited imprisonment;

B. Defendant B: Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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