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(영문) 대전지방법원 서산지원 2019.01.09 2018고합56

아동ㆍ청소년의성보호에관한법률위반(강간등치상)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

A. In light of the above, it is natural to view that the Defendant was an intentional act with intent to engage in sexual intercourse after making it difficult to resist and making it difficult to view that the Defendant, who had the criminal intent to commit rape, has attempted to engage in sexual intercourse before the victim takes the drug. In full view of the above, it is reasonable to deem that the victim had already been in the state of non-performance at the time when the Defendant attempted to engage

3. If so, the facts charged in this case that the defendant suffered injury to the victim who had the victim lost mind in the course of rapeing the victim, who was in a state of failing to resist, by deceiving the drug containing the ingredients of strokem, such as strokem, etc.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than three years and not less than six months to 15 years;

2. In cases where the result of bodily harm to a sex offender is caused by the range of recommended sentences according to the sentencing guidelines (the determination of types) (the scope of recommendations), the age of 13 or older and the injury resulting from bodily harm,* In cases of minor bodily harm (including deceptive schemes and severe injury), the juvenile rape (including the sexual intercourse), the minor injury [the scope of recommendations] from 3 years and 6 months to 6 years;

3. Determination of sentence: The crime of this case committed in March 3, 200 by the Defendant was committed in his house and in June 2008, the Defendant’s heavy punishment is necessary in that the Defendant was committed in the course of rapeing the victim, who was unable to resist due to the said decision, and that the victim suffered injury that may impede mental functions, and that the crime is a crime that may have a serious adverse effect on the mental and physical health of the juvenile victim.

Nevertheless, the Defendant did not seem to have an attitude to seriously reflect his mistake while denying the instant crime, and the Defendant did not take all measures to recover damage until now, and the victim did not take such measures.