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(영문) 청주지방법원 2016.08.19 2016고합93

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who was a victim H (the current 21 years old, and the present 15 years old at the time of the instant case) who was a student of the third year from June 2010 to August 25, 2010 when he was in the first year of G high school.

On August 24, 2010, the Defendant, upon receiving a separate notice from the injured party by text message, found the victim’s house located in Cheongju-gu, Seocho-gu, and then sought a separate notice from the injured party on August 24, 201, to the victim.

The reason was that the victim did not have the intention, and the victim had the intention to rape the defective victim.

The Defendant: (a) the Defendant got off the victim who she is going to go to her; (b) the victim does not her; and (c) the victim does so.

말하며 피고인을 주먹으로 치고 발로 찼음에도 피해자의 가슴을 팔로 누른 채 피해자의 몸 위로 올라 가 피해자의 옷을 벗기고 피해자를 간음하였다.

Accordingly, the Defendant committed rape against a juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of a certificate of counseling on sexual assault victims and a certificate of medical records;

1. The application of Acts and subordinate statutes to investigation reports;

1. Article 7(5) and (1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 11047, Sep. 15, 2011); Article 297 of the Criminal Act on criminal facts [the upper limit of punishment shall be 15 years of imprisonment provided for in the main sentence of Article 42 of the former Criminal Act (wholly amended by Act No. 10259, Apr. 15, 201)];

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. Supplementary to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 11572, Dec. 18, 2012); Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against

1. The proviso to Article 38(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) (amended by Act No. 11572, Mar. 1, 201) exempt from disclosure order.