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(영문) 광주지방법원 순천지원 2016.05.03 2015고합233

미성년자의제강간등

Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. From February 21, 2015 to March 4, 2015, the Defendant, a minor rape, committed one sexual intercourse with E (M, 12 years of age) who is a female under the age of 13, who became aware of the Defendant’s housing at around 11:0 and at the Defendant’s housing located in 103 dong 616, through “A”.

2. On March 2015, 2015, the Defendant: (a) thought that the victim E (V, 12 years of age) was met with other males other than the Defendant; (b) took advantage of the “F” of the smartphone hosting Docing type “F” to inform the victim of the fact that he was sexually related to the victim’s child through the birth of the child at the school where the victim attends; and (c) filed a complaint stating “bre” with the victim.

Although sending a text message to the effect that “,” the victim did not reach the Defendant.

Accordingly, the defendant attempted to have the victim do an unobligatory act by intimidation, but he attempted to commit an attempted act.

Summary of Evidence

1. Any statement made by the defendant in part appropriate for such statement among the one-time public trial records;

1. Statement of suspect interrogation of the defendant by the prosecution (a statement that the defendant states to the effect that he/she should inform the victim of the fact that he/she was sexually related to the defendant's school if he/she did not contact him/herself)

1. Dual records of integrated support for victims of sexual assault against E;

1. Application of Acts and subordinate statutes to the closure of a rupture screen with a content of intimidation;

1. Relevant legal provisions of the Criminal Act and Articles 305, 297 of the Criminal Act (the occupation of rape by a minor), Articles 324-5 and 324 (1) (the attempted crime of coercion, the choice of an organic imprisonment) of the Criminal Act concerning criminal facts;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment heavier than punishment (within the scope of the sum of the long-term punishments prescribed in the above two crimes)];

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55(1)3 (see, e.g., Supreme Court Decision 200

1. The main sentence of Article 21 (2) and Article 21 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure; and