아동ㆍ청소년의성보호에관한법률위반(강간)
A defendant shall be punished by imprisonment for not less than two years and six months.
The defendant shall complete the sexual assault treatment program for 80 hours.
Punishment of the crime
Around 05:00 on August 18, 2019, the Defendant tried to have the victim’s body, who was a child or juvenile traveling together, to be locked, and to have the victim engage in rape, to put the victim’s name and panty, to put the victim’s sexual organ into the part of the victim, to put the victim’s sexual organ, to put the victim’s sexual organ into the part of the victim’s body, and to stop the victim’s body, and to avoid the victim’s movement. However, the Defendant tried to have the victim’s body bridged the victim’s body so that it was impossible to resist the victim’s resistance by preventing the victim from driving, and tried to commit rape the victim, but the Defendant continued to commit rape the victim’s chest, but the Defendant did not have any attempted rape.
Summary of Evidence
1. Defendant's legal statement;
1. Each investigation report (verification of pension address, hearing victim C telephone statement);
1. Application of Acts and subordinate statutes to complaint and stenographic records;
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. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. There is no criminal record of a sexual crime against a defendant, who is exempted from an order of disclosure and notification, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and there is no
It is difficult to readily conclude that there exists a risk of recommitting a sex crime, and solely on the basis of the sentence of imprisonment to the Defendant, the completion of a sexual assault treatment program, and the registration of personal information, appears to have an effect to prevent the Defendant from repeating the crime, and the Defendant’s age, family environment, and circumstances leading to the instant crime.