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(영문) 부산지방법원 동부지원 2015.08.21 2015고합36

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 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

At around 16:00 on February 3, 2015, the Defendant went to the soup DoVD room located in Busan Shipping Daegu D, Busan, along with the victim F (the 18 years old) who was a back-of-school ship, and then put one hand in the victim's clothes after the victim's leakage, and put the other hand in the victim's clothes, and then, the victim's chest was delivered to the victim's chest, and the victim's chest was able to boom the victim's chest, and the victim's chest was fright the victim's chest, and the victim's chest was boomed, and the victim continued to refuse the victim, and the victim resisted the victim's finger, but the victim tried to deduct the Defendant's grandchildren, thereby suppressing the victim's finger, and committing rape by inserting the victim's finger into the victim's sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 7 (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Exemption from disclosure order and notification order [the defendant has no record of criminal punishment for a sexual crime, the results of the evaluation of the risk of a sexual offender against the defendant's Korean type of a sexual crime (KSOAS), and the evaluation result of the evaluation of the screen of a mentally ill person (PC-R) (the total point 14) (the risk of re-offending falls under "the intermediate"; if the defendant's personal information is disclosed and notified to the public in light of the relationship between the defendant and the victim, there is a risk of exposure to the victim's personal information; the social relation between the defendant and the victim is relatively clear; the defendant's social relation is relatively against the defendant's crime of this case; the defendant's age is relatively relatively against the defendant's crime of this case; and the defendant's personal information is relatively less than the defendant's age. Thus, it is determined that there