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(영문) 대전지방법원 2017.02.14 2016고합372

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On September 5, 2016, at around 02:00, the Defendant is currently serving as a social service personnel in D, and the Defendant attempted to commit an act of rape with the victim G (the age of 18) who is a juvenile under the influence of alcohol, who is a juvenile under the influence of alcohol, from around 02:0 to around 06:00, at the dwelling space in Seo-gu, Seo-gu, Daejeon, Seo-gu, Seoul, with the desire of reporting the victim G (the age of 18), who is a juvenile under the influence of alcohol, and was off the part of the victim and panty, and sexual intercourse with the victim. However, even though the victim was under the influence of diving and attempted to commit an attempted act of rape, the victim did not go against the wind of the Defendant.

Accordingly, the Defendant had attempted to have sexual intercourse with the victim by taking advantage of the victim's potential state of resistance under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the witness F;

1. Application of legislation on dialogues A, F, H message communications content, A, F, I dialogue content, A, G, and I dialogue content;

1. Article 7 (6), (4), and (1) of the Act on the Protection of Juveniles against Sexual Abuse, which is applicable to the relevant criminal facts and Articles 7 (6), (4), and (1) of the same Act;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Orders to attend lectures and Orders to provide community service;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant has no record of being punished for sexual crimes, and the Defendant is anticipated to have an effect to prevent recidivism even with the registration of personal information of the Defendant and attending a sexual assault treatment program. Thus, the Defendant’s personal information may not be disclosed or notified.