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(영문) 부산지방법원 2013.12.13 2013고합594

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 6, 2013, around 17:30 on August 6, 2013, the Defendant, entering the house of the victim D (Woo, 15 years of age) located in Busan Jin-gu C, and was waiting for the victim to report and engage in rape.

The Defendant lying the victim on a lying-line beyond the bed, putting the victim's fingers on the part of the victim, putting the victim's neck and clothes off, putting the fingers into the part of the victim's slabs, cut the breasts, cut down the brush with the victim's booms, cut the brush with the victim's necks, and knicks

The Defendant tried to rape the victim by putting the victim out of his will and clothes, lying the victim who is willing to flee, putting the victim on a beds again, suppressing the victim, etc., but did not commit an attempted crime with the wind that the victim continuously gets sound, embarlls, and frightly resists the victim.

As a result, the Defendant attempted to rape a child or juvenile victim and attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing recording of statements by the police against D;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant criminal facts and the choice of punishment;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

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

1. Article 49 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. Sentencing is not applicable to an attempted crime of sentencing under Article 50(1)1 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

[Scope of Punishment] The crime of this case committed from 2 years and 6 months to 15 years (decision of sentence] by the Defendant committed the crime of this case in three years is about the attempted rape of the first-year student of high school living together, who is a child of the female living together. In light of the victim’s age, relationship with the victim, circumstances of the crime and contents, etc., the crime is very serious.