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(영문) 대구지방법원 2014.09.19 2014고합124

아동ㆍ청소년의성보호에관한법률위반(강간등치상)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 21, 2013, the Defendant and C were those in the private relationship with each other, and around 20:30 on December 21, 2013, the Defendant and C got the victim D(16 years of age), the victim E(here 15 years of age) "d and the victim were the Defendant’s house located in Daegu Suwon-gu Suwon District F.

The defendant and C carried out the game together with D and the victim, and the person engaged in the game in the game would drink the alcoholic beverage with the beer and beer, and exchange letters among the games, and induce D and the victim to drink the alcoholic beverage in the manner of making the victims drink in the game.

피고인은 2013. 12. 22. 01:00경 위 피고인의 집 방 안에서 위와 같이 벌칙으로 술을 많이 마신 피해자가 술에 취하여 잠을 자는 것을 보고 피해자를 강간할 것을 마음먹고, 피해자의 옆에 누워 입으로 피해자의 젖꼭지를 빨고 손으로 피해자의 가슴을 만진 다음 자신의 바지와 속옷을 벗은 후 피해자의 위에 올라타 피해자의 바지를 벗기고 간음하려고 하였으나 잠에서 깬 피해자가 "하지 마라"며 바지를 붙잡고 반항하여 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant tried to rape the victim who is a child or juvenile by taking advantage of the victim's failure to resist, but was attempted.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement to E by the police;

1. Each investigation report (the attachment of content of conversation with victim EKakao Stockholm, and the result of the suspect A digital evidence analysis);

1. Application of Acts and subordinate statutes on resident registration;

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts and the selected punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Discretionary mitigation of punishment Article 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) 1.