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(영문) 광주지방법원 2018.09.14 2017고합461
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed the instant crime against the Victim B committed the SNS by using a mobile phone around January 2017, 2017, with the development of D’D’, i.e., “D,” and the written indictment submitted by the Prosecutor of the 11-year-old Prosecution stated that the victim was 12 years old at the time of the instant crime, but the victim was 11 years old at the time of the instant crime, as it is apparent that G students was 11 years old at the time of the instant crime, ex officio correction is made).

As D introduced the defendant, who is a high school student's friendly to the victim, he/she introduced himself/herself to the victim and made contact with the victim and made payment.

On February 23, 2017, the Defendant requested the victim to send a body photo to him/her, and then transmitted it, he/she then called the victim on February 24, 2017 and then called the victim on February 24, 2017 to the father where the victim lives.

On the same day, 12:50 on the same day, the victim was in the vicinity of the victim's house in Bupyeong-si E.

When the Defendant came to know of the existence of another family member at the victim’s house, and enters the victim’s house, and requested the victim to have sexual intercourse at an inside and outside of the house, and exceeded the victim’s clothes, and inserted his sexual organ into the victim’s sound and the resistance.

At the time of the victim's home, the defendant inserted the defendant's sexual organ into the part of the victim's sexual organ and stored the completed dynamic image in the SDR in the form of a sexual intercourse with the victim who is the elementary school student.

As a result, the Defendant produced obscene materials for children and juveniles.

2. No person who commits a crime against victim F shall have a child engage in obscene acts, intermediate such acts, or sexual harassment, etc. that causes a child to feel sexual humiliation;

The Defendant from around 16:08 on February 15, 2017 to around 19.

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