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(영문) 대전지방법원 2017.07.07 2017고합40

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant came to know with the Defendant’s Dong-gu Women’s Women’s Women’s Parents of the Defendant’s Dong-gu, and the victim went to V for about seven months from June 2014 to January 2015.

On December 12, 2014, the Defendant, at around 01:00, 01 the Defendant’s house located in the Daejeon Dong-gu Daejeon Building 101, carried out drinking together with the victim’s friendship X, the victim’s friendship X, and the Defendant’s friendship Y, and was sexual intercourse with the victim’s clothes, she, who was frightened on the part of the victim’s defect in drinking so that the victim’s body, who was frightened and pushed together with the victim’s body, significantly difficult to resist the victim’s resistance, was forced to go off, and sexual intercourse once.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police of the accused and the interrogation of the suspect by the prosecution;

1. Each legal statement of the witness U and X;

1. Statement made by the police against U;

1. U’s respective statements and the application of statutes governing the stenographic records recorded in each video CD;

1. Article 7 of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time);

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. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Juveniles against Sexual Abuse against Children subject to Disclosure Order and Notice Order

1. The summary of the argument was that the defendant had sexual intercourse with the victim during the time when the facts constituting the crime indicated in the judgment of the defendant, but the defendant consented to it;

Since I think of the sex relationship with the victim, the defendant is not guilty of violation of the Act on the Protection of Juveniles from Sexual Abuse.

2. In full view of the following circumstances admitted by the evidence of the judgment, the Defendant is the body of the victim.