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(영문) 대구지방법원 2015.02.06 2014고합523

아동ㆍ청소년의성보호에관한법률위반(강간등상해)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

As a father of C, the defendant is the victim D (n'e, 16 years of age) as a father of C.

On September 21, 2014, at around 21:00 on September 21, 2014, the Defendant reported the fact that the victim was playing in the office of the Defendant located in the Eudio Eudio in Busan, the Defendant forced the victim and C by drinking alcohol, and forced the victim and C to drink it, leading the victim's hand, leading the victim and C on their own side, putting the victim and C on their own side, putting the victim and C on the cell that the victim would come to the ward that may occur in the bed from the bed, putting the victim into the room, putting the victim into the room, putting the victim's hand, putting the victim's hand, and putting the victim back again.

The Defendant: (a) taken the victim into inside and leaving the road; (b) prevented him from entering the road; (c) obstructed him/her from entering the road; (d) forced him/her to take the victim’s hand to her to her, her to her to her be towed; (d) forced him/her to her to her to her on the part of the victim; and (e) her to her to her to her to her face; (e) her chests the victim’s chest; (e) her to her to her on the bridge; and (e) forced her to her to her on the bridge by using her force on the her son’s hand, thereby coercing the victim’s resistance; and (e) her sexual intercourse once with the victim.

As a result, the defendant raped the victim who is a juvenile, and caused damage to the victim's booms and booms that require medical treatment for about a week.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Each investigation report (including documents and photographs attached respectively);

1. Medical records for victims of sexual assault;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 9 and Article 7 (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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.