beta
(영문) 대구지방법원 2015.11.27 2015고합229

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

【Criminal Power】 On March 19, 2013, the Defendant was sentenced to three years of imprisonment or five years of suspended execution due to the crime of embezzlement of military supplies, etc. by the High Court for Armed Forces of the Ministry of National Defense, which became final and conclusive on March 27, 2013, and is currently under suspended execution.

【Criminal Facts】 The Defendant was a person operating a restaurant of “C”, the victim D (Inn, 16 years of age, and Chinese nationality) was dismissed from office after working as an employee at the above restaurant from October 2014. From February 10, 2015, the Defendant was serving as an employee again from February 10, 2015, and was accommodated in the Defendant’s house located in the Daegu Dong-gu E building 301.

1. On March 8, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) committed rape against the victim by returning to the house of the Defendant, along with the said restaurant, the said restaurant along with the said victim, the victim was able to rape the victim under the influence of alcohol.

At around 03:00 on March 8, 2015, the Defendant tried to have sexual intercourse with the victim who was divingd by entering the room of the victim located in the above Defendant’s house. However, even though the victim was sleeped in the lock and slick, the victim was slicked once by slicking the victim’s knife with his knife and with his knife with his knife, knife his knife with one hand, knife the victim’s knife with another hand, and knife the victim’s resistance by suppressing the victim’s resistance with the bridge.

Accordingly, the defendant raped the victim who is a child or juvenile.

2. No person shall offer or promise any money or valuables, other property benefits, provision of duties and convenience, etc. to any child or juvenile, or buy sex to such child or juvenile, in return for any violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

The Defendant, as stated in Paragraph 1, has raped the above D, and if the Defendant did not continue to engage in sexual intercourse and notify her mother of the fact of rape, he/she also worked as a cafeteria employee after three years.