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(영문) 창원지방법원 2019.09.26 2019고합93
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

Defendant

A Imprisonment with prison labor for a maximum of three years and six months, for a short of three years, for defendant B, for a maximum of three years and for a short of two years and six months, respectively.

Reasons

Punishment of the crime

1. Defendant A

A. At around 02:00 on January 13, 2019, the Defendant: (a) attempted to rape the victim as he/she was unable to walk the body of the victim (the 17-year-old-old-old-old-old-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-

At around 04:00 on the same day, the Defendant: (a) concealed the victim into the Domoto E in the Kimhae-si; (b) took advantage of the state where the victim was under the influence of alcohol and could not properly walk his body; (c) exceeded panty and panty of the victim; and (d) inserted his panty into the sound part of the victim; (d) inserted his panty into the part of the victim by one hand; and (e) filled into the victim’s head debt; and (e) took the victim’s head debt into the part of the victim; and (e) took the victim’s sexual organ into the victim’s entrance; and (e) took the victim’s body back into several occasions; and

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical disability or non-performance.

B. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), taken a dynamic image of the Defendant’s cell phone with a camera function while rapeing the victim at the time and place described in paragraph (1) of Article 1.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the aforementioned mobile phone against the victim's will.

2. Defendant B’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) was at around 07:00 on January 13, 2019, the Defendant was contacted by phone calls from the victim who was raped, such as the above DNA telecom E, 1’s paragraph (a), and was able to find out the victim and present him/her out of A, and was able to rape the victim while flying the victim.

The defendant.

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