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(영문) 대구지방법원 2019.09.20 2018고합489

아동ㆍ청소년의성보호에관한법률위반(준강간)

Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On July 31, 2011, the Defendant came to know of the victim B (the name, credit, and 17 years of age) while conducting online games. On July 31, 201, the Defendant saw that the victim, who was her part-time, did her part-time, her part-time, her part-time, and her part-time, her part-time, her part-time, her part-time, and her part-time, her part-time, her part-time, and her part-time, she was her part-time, and her part-time, her part-time, she was her part-time, and she was her part-time, she was her part-time, and she

At around 06:00 on August 1, 201, the Defendant exceeded the victim’s her panty and panty in the “C’s Mour’s protection room,” and inserted his panty into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a child or juvenile by taking advantage of the victim's mental or impossible condition.

Summary of Evidence

1. Each legal statement of witness B (alias), D and E;

1. Photographs taken by the suspect per crime (a suspect, and the fact that he/she was the victim together);

1. Application of Acts and subordinate statutes to each investigation report (including the table of evidence Nos. 5, 7, 12, and each accompanying material);

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 2011); Article 299 of the Criminal Act concerning criminal facts

1. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In full view of the Defendant’s age, occupation, family environment, social ties, criminal punishment, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the Defendant’s age, occupation, family environment, social ties, criminal punishment, disclosure order or notification order, and the prevention of sexual crimes that may be achieved therefrom, etc., of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012).