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(영문) 광주지방법원 2017.04.28 2017고합35

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

In 2014, the defendant became aware of the victim D (the family name, the female, October 1, 200, and the 16 years of age) through G around 2014.

On November 8, 2016, the Defendant played together with the said victim and the victim’s friendship E, and returned to the mine area in Yeongdeungpo-gu. On the same day, around 23:25 on the same day, E returned to home, and the victim of the defect who did not have any well-known place of the victim was locked at the neighboring closed house.

On September 9, 11. 01. 01.00, the Defendant reported the figures that the injured person would enjoy on every t lease, with his clothes reduced, in light of the following measures:

At the same time, the defendant was exempted from all the clothes of the defendant, and she was her panty only, leading to the victim's side.

By doing so, the defendant was faced with the chest of the victim himself, and the defect that the victim is about to occur, the defendant was sealed about the chest part of the victim, and prevented the victim from occurring on the job. The victim's body was forced to suppress the victim's resistance, exceeded the victim's clothes, and inserted the defendant's sexual organ into the part of the victim's sound.

Accordingly, the defendant has sexual intercourse with a victimized person who is a child or juvenile by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of statements of victims;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs at the scene of crime);

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are applicable to the relevant criminal facts and the selective punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including that the Defendant has no record of committing any sexual crime) are disadvantageous to the Defendant due to the disclosure order and notification order.