아동ㆍ청소년의성보호에관한법률위반(강간)
1. The defendant shall be punished by imprisonment for three years;
2. The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Punishment of the crime
The Defendant is a person who operates F (hereinafter referred to as “the beauty art room of this case”) and the victim G (mar, 18) is a person employed by the Defendant and served as a intern or beauty artist at the same time.
Around December 3, 2012, the Defendant, along with the victim and other employees, opened a camping meeting with “I” gate located in Jung-gu Incheon Metropolitan City (hereinafter “instant pen”). At around 03:00 on December 4, 2012, the Defendant: (a) was under the influence of alcohol, entering a large bank; (b) was covered by the victim; (c) was covered by the victim; (d) was her finger and sound with the victim’s clothes; (d) the victim was her shouldered from the lock or living room; (e) the victim was her shouldered by the victim; (e) was her under the influence of the victim; (e) was placed from the floor so as to her under the part of the victim’s arms; (e) was frighted by the victim; (e) the victim was under the influence of alcohol; and (e) was off from the part of the victim’s spanty to the victim’s spanty; and (e) took off the victim’s k and k.
Accordingly, the defendant, by force, has sexual intercourse with a child or juvenile victim.
Summary of Evidence
1. Statements of witnesses G and J in the second trial records;
2. Each legal statement of witness K and L;
3. Each prosecutor's office and police statement concerning G and L;
4. Each police statement to K and J;
5. Application of the Acts and subordinate statutes concerning the contents of Kakao photographs and text messages;
1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) on criminal facts
2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
3. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
4. An order of disclosure; and