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(영문) 수원지방법원 안산지원 2017.09.01 2017고합81

아동ㆍ청소년의성보호에관한법률위반(강간)

Text

A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal records] On April 21, 2016, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to four months of imprisonment with prison labor for the crime of injury at the assistance of Suwon Friwon, and completed the execution of the sentence on June 22, 2016.

[2] On August 8, 2016, the Defendant: (a) around 23:00, at the Defendant’s house located in C and 401, went to the Defendant’s friendship D, the victim E (the age of 17) and the victim’s friendship F; (b) Da Da Da Da Da d son’s entrance into the victim and forced the victim to join the victim; and (c) the victim forced the victim to leave the victim’s faces her face; and (d) Do Do son Do son Do son Do son her chest her chest her chest her chest and clothes her chest her the victim’s chest her face; and (d) her chest her chest her chest her chest her the victim’s chest and her chest her chest her part of the victim’s body, she laid the victim’s chest her her mouth and her part of the victim’s body.

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, F and G;

1. Partial statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Investigation report (the suspect's relative H and I relative investigation), investigation report (the suspect's refusal to appear) and reply to a request for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation experience records (including documents, such as confirmation of crimes and judgments attached to criminal records during the period of repeated crimes of suspects);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment with prison labor for an organic crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from disclosure orders and notification orders.