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(영문) 창원지방법원 2014.09.04 2014고합124
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On April 16, 2014, the Defendant posted a letter to the effect that the Victim C (V, 14 years of age), a middle school student, sought male friendliness on the Internet Kapet, and promised to substitute the Defendant’s Kakakaox protom photographs with the male classic male high school students’ photographs, and then send the Kakakao Stockholm message, and make a false statement to the effect that 16 years of age is 16 years.

The Defendant sent the victim with a house in the vicinity of the commitment place immediately before the maturity, and had the human body colored in advance.

1. 아동ㆍ청소년의성보호에관한법률위반(위계등추행) 피고인은 2014. 4. 19. 09:40경 창원시 의창구 상남로에서 피해자를 만난 직후 한적한 주택가 뒤편에 있는 1층 복도식 계단으로 피해자를 데리고 가 피해자를 밀어 바닥에 눕히고, 어찌할 바를 몰라 하는 피해자의 가슴과 음부를 손으로 만지고 그 위에 올라타고 엎드려 피해자의 가슴, 음부 부위에 피고인의 몸을 비볐다.

Accordingly, the Defendant committed an indecent act against the victim who is a child or juvenile by force.

2. Following the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape), the Defendant had been able to attract and rape the victim with an enclosed space on the fourth floor of the commercial building that he/she left in advance.

On April 19, 2014, the defendant concealed the cell phone of the victim so that the victim does not escape, and got the victim to the F commercial street E in Changwon-si, Changwon-si around 10:30 on April 19, 2014.

From the stairs that the victim want not to go up on the rooftop, the victim, the defendant, and the defendant, in so far as they are knicking and lying the victim's knife so far, they tried to dump the victim's knife and boomed the victim's shoulder, dump the victim's shoulder, dump the victim's shoulder, cut off his clothes, and rape.

However, the defendant, who was unable to insert his sexual organ, committed a self-defensive act while making a situation while the victim was living together and making his body unfolded.

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