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(영문) 서울북부지방법원 2013.04.05 2012고합663

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On April 14, 2012, at least 01:00, the Defendant threatened the victim D (the age of 14) who was locked in a big beer area in C Apartment 207 dong 804, Seoul Special Metropolitan City, Nowon-gu, with the method referred to as “influence,” “I wish to die” and “I wish to die” as a threatening horse, and had sexual intercourse once with the victim, after he exceeded the clothes of the victim who entered the breath and fluent area of the victim, who met the fluent and fluened the resistance of the victim.

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against 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 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under Articles 38 (1) 1 and 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. The scope of recommendation according to the sentencing guidelines [decision of types of punishment] sexual crimes, general standards, rape (subject to at least 13 years of age), Type 2 [Special Rape for Juveniles] - mitigated elements: In the mitigated area of punishment [decision of the recommended area] [the scope of recommendation] 3 to 5 years [the scope of general prison punishment] - mitigated elements - In the case of crimes against juveniles: serious reflectivity - in the case of crimes against juveniles [decision of sentence] 2 years and June 2 years and 3, the crime of this case is raped by intimidation of a victim who is an adult who is only 14 years of age, and the nature of the crime is considerably poor, and the victim who is a female juvenile at growth seems to have suffered considerable mental distress due to the defendant's act, and the defendant is sentenced to imprisonment for at least 4 months and probationary social service suspension 2 years, conditional suspension of execution of sentence.