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(영문) 전주지방법원 군산지원 2014.05.02 2014고합6

아동ㆍ청소년의성보호에관한법률위반(준강간등)

Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

Punishment of the crime

피고인은 2013. 11. 5.경 스마트폰 채팅어플리케이션인 ‘즐톡’에서 피해자 C(여, 14세)를 알게 되어 가까운 사이로 발전하였다.

On November 10, 2013, the Defendant 00:0, around 00:0, the Defendant saw the victim with the victim in the field of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina, the area of Sochina

When the Defendant came to know that the Defendant was in a state of being scarcity by the victim’s body that the victim was unable to hold his body and that he was able to do so, and that he was able to do so with clothes while she was able to do so, it was sexual intercourse with the victim once by taking advantage of the situation where the victim was under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with a juvenile victim by taking advantage of the mental condition of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. 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 criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Article 42(1) and Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Protection of Children and Juveniles against Sexual Abuse (where a conviction is finalized against the crime of this case, which is a sex offense subject to registration) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse; Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 49(1)1 and 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.