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(영문) 창원지방법원 2018.10.04 2018고합123

아동ㆍ청소년의성보호에관한법률위반(준강간)

Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[criminal history] On February 19, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Busan District Court, and on September 28, 2017, the same court was sentenced to five months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) and completed the execution of the sentence at the Busan Detention Center on January 17, 2018.

[2] Around 04:00 on March 22, 2018, the Defendant, a child or juvenile, who became aware of through D, which is a child or juvenile, at the Busan City Shipping Daegu Bel, Busan, the Defendant: (a) had a mind to have sexual intercourse with the victim E, who was a child or juvenile, under the influence of alcohol; (b) had sexual intercourse with the victim, who was under the influence of alcohol; (c) had the victim work as the above C heading room; and (d) had sexual intercourse once with the victim’s clothes.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental and physical loss of the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Police video recording CDs against E;

1. A complaint filed by E;

1. Images of the CCTV CCTV, CDs or images to take a course;

1. A photograph of a written closure;

1. Investigative Report (the content of the Prosecutor’s Command), investigative reports (D hearing statements), and recorded CDs;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, investigation report (a confirmation during the period of repeated offense), report on the results of confirmation of the previous convictions on disposition, each of the judgment ( Busan District Court Decision 2017 High Court Decision 217 High Court Decision 217 High Court Decision 2017 High Court Decision 4034 decided April 2, 2017, Busan District Court Decision 2016 High Court Decision 8485 decided April 201, Busan District Court Decision 2017

1. Relevant Article 7 (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 facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018).