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(영문) 춘천지방법원 2018.01.26 2017고합106

아동ㆍ청소년의성보호에관한법률위반(준강간)등

Text

A defendant shall be punished by imprisonment for six years.

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

Reasons

Punishment of the crime

"2017 Gohap 106" Defendant was under the influence of a victim C (17 years of age, women) on September 10, 2016 through September 10, 2016, and was in mind of having sexual intercourse with the victim by drinking the victim C (17 years of age, women) at around 03:00, and not entering the victim's residence.

Accordingly, the defendant was found to have sexual intercourse with the defendant at the time of the above day, Chuncheon-si D, 201, the residence of the defendant, on the part of the victim, on the part of the victim, and on the part of the victim, on the part of the victim, and on the part of the victim's booms and clothes.

Accordingly, the Defendant raped the victim who is a child or juvenile with mental and physical loss by drinking alcohol.

around September 19, 2017, the Defendant: (a) around 2018, the Defendant: (b) around 2017, in the “G inn,” the “F operation of the Victim E located in Seo-gu, Seocheon-gu, Seocheon-gu; (c) despite the absence of intent or ability to pay accommodation costs even if accommodation was in the above inn, the Defendant belongeded the victim as if he would normally pay accommodation costs; (d) he was provided with accommodation from the victimized party; and (e) on September 19, 2017 and September 20, 2017, acquired the pecuniary benefits equivalent to KRW 60,000,000, total of accommodation costs in this mold.

Summary of Evidence

"2017 Gohap 106"

1. Statement by the defendant in court;

1. Stenographic records of the Gangwon Sea Center;

1. Statement made by the police with regard to C (second time);

1. Investigation report (verification of place of occurrence of a crime and search of building owners), and response to a request for appraisal "2018 Gohap 3;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes reporting the occurrence of an investigation report and the results thereof;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of quasi-rapes against children and juveniles, the choice of limited imprisonment), and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with labor) concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggregated with the long-term punishment of the above two crimes).