beta
(영문) 광주지방법원 2014.08.13 2014고합201

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Defendant

In addition, on March 23, 2014, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") made an act of inserting his/her sexual organ into the victim E (the 16-year old age) who was locked under the influence of alcohol on March 23, 2014, by inserting his/her sexual organ into the victim E (the 106-dong and 1207 age), and putting his/her finger into the victim's sexual organ into the victim's sexual organ and inserting his/her fingers with his/her fingers by using the victim's mental disorder condition and inserting his/her fingers into the victim's sexual organ.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made by the assistant judicial police officer in compliance with the statement of E (victim) prepared;

1. The description in line with the family relation certificate for the E (victim);

1. An appraisal statement prepared by the F appraiserF, which is appropriate for such statement;

1. Application of image Acts and subordinate statutes corresponding thereto, among on-site photographs;

1. Article 7 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and Article 7 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who were exempted from an disclosure order and a notification order, did not have any history of criminal punishment for sexual crimes, and a person diving from the defendant's side while drinking alcohol together with the victim and drinking alcohol together with the victim, is likely to conclude that the defendant is likely to repeat the crime of this case by reporting the victim, and thus, it appears that the punishment and the registration of personal information of the defendant, and orders to complete a sexual assault treatment program against the defendant can have the effect of preventing recidivism of the defendant and protecting children and juveniles from sexual crimes.