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(영문) 부산지방법원 2014.11.14 2014고합245

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On February 13, 2014, at around 21:40, the Defendant promised to pay KRW 70,000 to the victim C (at the age of 17) contact through the Stockholm, which is a smartphone hosting case, on condition that it is put to the victim C (at the age of 17). The Defendant entered the Busan Seo-gu Da “Eel” room with the victim.

However, even though the defendant did not do so in kis, and instead did not want to do so, the defendant sent 20,000 won to the victim despite the victim's refusal to do so, despite the victim's refusal to do so, he sent 20,000 won to the victim. The defendant puts the victim's sexual organ into the part of the victim's sexual organ while putting the victim's two legs into the hands, with the breath of "h. . . . . . .. . ... .. . . .. . . . . . .. . .

Accordingly, the defendant has sexual intercourse with the victim who is a child or juvenile by force.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of F by prosecution;

1. Statement to C by the police;

1. Police video CDs against C;

1. Photographs;

1. Application of Acts and subordinate statutes to an investigation report (with regard to the details of the report);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, whichever is applicable to the crime and Article 7 (5) and (1) of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 21(2) main text, Article 21(3) main text, Article 21(9) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59 of the Act on Probation, Etc. [the scope of applicable sentences] : imprisonment of two years and six years to fifteen years [the determination of applicable sentences] ; general standards ; rape (subject to the age of 13 or more) ; rape (Rape/special rape, such as rape/special rape by blood relation / by blood relation / by blood relation / by blood relation / by blood relation / special rape) ; serious reflects / no criminal punishment ; (a) where a crime against a juvenile is committed [the scope of applicable sentences] 5 years to eight years (basic area] / [the decision of sentence] imprisonment of three years to three years” refers to the defendant.