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(영문) 창원지방법원 진주지원 2019.02.14 2018고합89
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[criminal power] On February 1, 2013, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and one year and six months for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Busan District Court on February 1, 2013, and the execution of the sentence was completed at the Kimcheon Juvenile Reformatory on September 29, 2015.

【Criminal Facts】

around July 2017, the Defendant became aware of the victim C (n, 16 years of age) and the victim D (16 years of age) at the open hosting room, and d. At the above hosting room, the Defendant was under contact with the victim D, and around 15:00 on August 10, 2017, when the Defendant was under contact with the victim D, and around 15:00 on August 10, 2017, the victim C, victim D, and friendly job offer E were under drinking at the victim C, victim D, and f., and f., d., d., d., d., d., d., d., d., d., d., d., d., d., d. to drink

At around 20:00 on the same day, the Defendant knew at around 20:00 that the above E went to H for himself, and that the D, in dialogueed with the victim and B, was under the influence of alcohol, he re-entered to G for more drinking the victim and the alcohol.

1. At around 23:50 on August 10, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) committed sexual intercourse with the victim by putting his/her sexual organ out of his/her own panty and panty with the victim’s sexual organ inserted him/her into the negative part of the victim, by drinking, drinking, drinking, drinking, and taking the victim’s mind by drinking, drinking, drinking, drinking, and taking the victim’s panty in his/her own panty and panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state to resist due to being drunk.

2. On August 11, 2017, the Defendant posted a statement to the effect that the victim D who observed the situation of the above paragraph (1) around 00:10 on August 11, 2017, “at the open hosting room, the Defendant knew that he spreaded the fact of quasi-rapeing C.

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