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(영문) 춘천지방법원 속초지원 2019.02.14 2018고합40
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. Around November 24, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) met a child or juvenile victim D (at the age of 18) or took a cell phone of the victim; (b) entices the victim into a F male toilet located in Si/Gu of early early by having the victim return his/her cell phone; and (c) 15:45 of the same day, he/she was able to feel breadly rape the victim; (d) putting the victim into the above male toilet column; (e) putting the victim in it; (e) prevent the victim who intends to come out of the above male toilet column; and (e) cut off the victim’s shoulder, she tried to shoot him/her with his/her finger, and tried to rape him/her; (e) however, the victim did not object to his/her hair, etc. and (e) failed to resist him/her.

2. On November 24, 2017, at around 15:45, the Defendant placed the victim D from the F male toilet as indicated in the foregoing paragraph 1., sealed the victim by making the victim unable to leave the victim from the above toilets for about 1 hour and 45 minutes, such as drinking the victim with a view to rape, locking the above crogate, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs, reports on results of programs to submit smartphone evidence, investigation reports (Attachment to the 112 Incident Report), investigation reports (F CCTV investigation), contents of sending and receiving G message, victim's public defender data (No. 28 of the evidence list), Hwon, I elementary school CD attachment, F CD attachment and defense counsel's assertion

1. The gist of the assertion is that the Defendant and the victim brought the victim away from each other, while the Defendant, at the time of the instant case, laid off the victim’s cell phone so that the victim could not get the victim’s house, and detained the victim by pushing the victim into the front partitions.

However, at the time, the defendant saves the shoulder of the victim and shoots the chest or saves.

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