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(영문) 청주지방법원 2017.06.30 2017고합98

미성년자의제유사강간

Text

A defendant shall be punished by imprisonment for two years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant was the victim’s three villages between the father D of the victim C (age 6 at the time of the instant case) and the two-dimensional siblings. From around the spring of spring of 2013, the Defendant lived with the victim D and the victim at the Defendant’s house located in the Chungcheong E-Gun Housing E-101 year from around 1 year.

1. The defendant committed a crime in the room of the defendant on July 2013, in the room of the defendant who was inside the house of the above defendant, "as soon as the defendant saw in his/her house."

“The victim does not refuse to do so.”

In spite of the panty, the victim shall be promptly called the victim at all times.

The phrase “the victim made the victim enter as soon as possible the Defendant’s sexual organ.”

2. On July 2013, the Defendant committed a crime at the inside and outside of the inside of the Defendant’s house, left the victim who is reporting TV in the dwelling space from the inside of the said Defendant’s house, left the panty, and hold the victim out of the panty, thereby promptly putting the victim out of the panty.

The phrase “the victim made the victim enter as soon as possible the Defendant’s sexual organ.”

Accordingly, the defendant committed two acts to put the defendant's sexual organ into the mouth of the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Two stenographic records, each statement recorded CDs;

1. Application of Acts and subordinate statutes governing resident registration;

1. Articles 305 and 297-2 of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes concerning a minor's deemed similar punishment for rape under paragraph (1) of the same Article, whichever is heavier);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (the Defendant has no record of being punished for a sexual crime before committing the instant crime, and the Defendant’s secondary damage to the victim during the process of disclosing or notifying personal information to the public.