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(영문) 청주지방법원 2017.04.21 2017고합33

아동ㆍ청소년의성보호에관한법률위반(준강간)

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

On December 30, 2014, the Defendant called with the victim C (n, 18 years of age) who is under the influence of a new wall around December 30, 2014, and met with the victim, and then changed the victim’s body to care in the house without overcoming his body, and changed the victim’s body into “Eel” located in the Cheong-gu, a considerable amount of Cheongju City, and went off the victim’s clothes, and sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental and physical loss of the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the police statement protocol law to C

1. Relevant 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 the facts constituting an offense;

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 and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children exempted from disclosure and notification order (the fact that the defendant has no record of punishment for the same kind of crime, and the relation between the defendant and the victim is likely to cause secondary damage to the victim due to the disclosure of the victim's personal information in light of the defendant's relationship with the victim. The circumstance of the crime of this case or the record alone alone is likely to cause a habit of sexual assault crime

It is difficult to readily conclude that the Defendant was a juvenile under the Juvenile Act at the time of committing the crime, and the fact that the Defendant was a relatively old age, and that the Defendant’s personal information registration and orders to complete the crime can be expected to some extent to prevent recidivism.

The age, occupation, family environment, social ties, benefits and preventive effects expected by the disclosure and notification order of the accused, as well as the accused's age, occupation, family environment, social relationship, and disclosure and notification order.