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(영문) 대전지방법원 홍성지원 2018.07.19 2018고합17

아동ㆍ청소년의성보호에관한법률위반

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

At around 23:00 on February 16, 2018, the Defendant sought to have sexual intercourse with the victim E (the family name, the female, the 13-year old age) who is his/her father and descendant in the Chungcheongnam-gun apartment C apartment complex, and had the victim flive with the victim E (the family name, the female, the 13-year old age), put him/her into the victim's room, put him/her into the victim's room, put him/her into the victim's room, walk the victim's chest, walking the victim's panty, fl the victim's chest, flick the victim's chest, and flick the victim's body, flick the victim's resistance, she attempted to have sexual intercourse with the victim by inserting the victim's body and inserting it into the victim's resistance, but did not have attempted to have the victim flive and resist it.

Accordingly, the Defendant attempted to rape a child or juvenile victim.

Summary of Evidence

1. The defendant's partial statement (the purport that he/she returned to his/her house because he/she was locked with the victim because he/she was locked by finding it in the victim's house, but he/she did so due to inconvenience, such as aggression, etc.);

1. Each legal statement of witness E and D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response to requests for appraisal and written details;

1. Article 7 (6) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the relevant criminal facts and Articles 7 (6) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. There is a risk of sexual assaulting or recommitting a crime because a child exempted from an order of disclosure and notification has no record of punishment for a sexual crime, under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has a record of punishment for a

It is difficult to readily conclude.

It can be said that the registration of personal information against the defendant and the suspension of sexual assault treatment can have the effect of preventing recidivism by the defendant.

I seem to appear.

In addition, a defendant suffers due to his/her age, family environment, social relationship, and disclosure notification order.