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(영문) 인천지방법원 부천지원 2019.06.14 2018고합288

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 came to know through the fluence between the victim B (n, 16 years old) and C, which is a juvenile, and the defendant was asked by the victim to request the victim to leave the seaside, and the defendant was put to the system of getting off and getting off the defendant's vehicle in front of the E High School located in the E High School D on February 22, 2018.

On February 22, 2018, the Defendant arrived at the system around 22:00, and the Defendant was forced to get too much off, and entered the Fel G with the victim, which led to the Defendant’s entry into the Fel G.

On February 23, 2018, the Defendant: (a) was placed on a place in a single beds with the victim on a new wall G on February 23, 2018; (b) had the victim interfered with rape; (c) had the victim’s jackets and inner clothes loaded on his chest; (d) exceeded the victim’s clothes; and (e) had the victim’s body cut off with his own body; and (e) prevented the victim from resisting the victim’s body; and (e) had sexual intercourse once.

Accordingly, the defendant did not resist the victim by assaulting the victim who is a juvenile, and had sexual intercourse with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each police statement concerning B;

1. Recording notes;

1. Application of the Acts and subordinate statutes to investigation reports (referring to the details of the victim's submission) and accompanying documents;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, which provides for relevant legal provisions concerning facts constituting an offense and Article 7 (1) of the same Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. The Defendant’s age, environment, previous record, risk of recidivism, and other profits and preventive effects expected by an order of disclosure or notification of this case, which are acknowledged through the records and pleadings of this case under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as well as through such order;