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(영문) 수원지방법원 2012.09.06 2012고합600
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

1. On June 21, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) committed an indecent act against a juvenile by taking advantage of the victim’s condition of avoiding the victim’s ability to resist, making up the victim’s 17 years old, so that he/she would have come up within a sobrying 05:30 on June 21, 2012, by deeming that the victim D (the 17 years old and older) was able to take up the victim’s leg, and making up the victim’s leg up to the victim’s leg, and by taking advantage of his/her condition of avoiding the victim

2. A quasi-indecent act by compulsion on July 20, 2012: (a) around 04:40 on July 20, 2012, the Defendant: (b) reported the victim F (the 36 years of age) in the Suwon-gu Women’s Waters E waters room in Suwon-gu, Suwon-gu, the Defendant committed an indecent act by taking advantage of the victim’s state of difficulty to resist, making soup up the victim’s hand by inserting his hand on his soup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of each police statement made to F and D;

1. Written statements of D;

1. Application of field photographs, investigation reports (Evidence Nos. 4, 9, 18), photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with labor for each of the following:

1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes with punishment provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse, to the extent that the punishment is added up to the sum of long-term punishments for

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

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (as to the crime under paragraph (1) at the time of sale), and Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (as to the crime under paragraph (2) at the time of sale);

1. Children or juveniles ordered to notify;

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