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(영문) 수원지방법원 평택지원 2019.01.18 2018고합134
미성년자의제강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

1. On June 2018, the Defendant: (a) in the course of hosting and collecting from the victim B (a) who was aware of the fact that the victim was a minor under the age of 11 as an elementary school in the fifth year while having known that the victim was a minor under the age of 11; and (b) had the intent to have sexual intercourse by asking the victim’s parent at the new wall time during which he did not know of the fact that the victim was a minor under the age of 11; and (c) had the victim committed sexual intercourse by leaving the house during the new wall time period.

Accordingly, at around 02:00 on the following day, the Defendant had sexual intercourse once with the victim who was under 13 years of age by inserting the Defendant’s sexual organ into the victim’s negative part of the victim, while leaving the victim’s residence in Pyeongtaek-si, faced with the victim’s chest and drinking.

2. On July 15, 2018, the Defendant: (a) took the victim into the residence of the Defendant located in Pyeongtaek-si H around 15:00 on July 1, 2018; (b) took the victim’s body; (c) taken the chest back; and (d) made the victim prompt with his/her own sexual organ; and (c) inserted his/her sexual organ into the victim’s negative organ with vibration function; and (d) made the victim have sexual intercourse once with the victim under 13 years of age by inserting the Defendant’s sexual organ into the victim’s negative organ.

3. On July 26, 2018, around 04:00 on July 26, 2018, the Defendant: (a) sought the victim from the Defendant’s residence in Pyeongtaek-si to the Defendant’s residence; (b) made the victim be faced with with the victim; and (c) made the victim be informed of the victim’s chest and fry; and (d) inserted the Defendant’s sexual organ into the victim’s negative organ in one time, thereby making the victim have sexual intercourse with the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of each statement of damage;

1. Application of Acts and subordinate statutes concerning the content of conversation to victims, I professional photographs, and I conversations;

1. Relevant Articles 305 and 297 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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