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(영문) 대전지방법원 천안지원 2012.11.07 2012고합244

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is familiar with the victim C (the 15-year old-age)'s male-friendly arrest D, and the victim was called the defendant in peace.

On September 18, 2011, the Defendant sent the victim with the victim and the above D and sent D and sent them first on the ground that there was a talk that the victim would have to talk separately from the victim. At around 00:30 on September 19, 201, the Defendant: (a) went off the victim’s after having her mind to rape while talking with the victim while talking with the victim in the guest room on the third floor of the Eths in Asia-si, ASEAN; (b) had the victim talked with the Defendant’s chest and resisting the Defendant’s chest while selling it; and (c) had the victim resisting with the Defendant’s chest while selling it, the Defendant exceeded the clothes in entirety, prevented the Defendant from resisting the body of the victim; and (d) had the victim resisting with the body of the victim; and (e) had sexual intercoursed the victim, a juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of Acts and subordinate statutes described in D's self-written statements;

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 201); Article 297 of the Criminal Act concerning criminal facts

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the criminal facts of this case against a defendant who has registered personal information of this case under Article 38(1)1 and (3), the main sentence of Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 33(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 34(1) of the same Act.

The reason for sentencing.