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(영문) 수원지방법원 2019.07.11 2019고합120
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

The defendant and the person to whom the attachment order was requested (hereinafter referred to as "defendants") are persons living in the upper floor, such as the victim B (tentative name, leisure) and have traveled with the victim's family members.

1. On January 31, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) committed sexual intercourse once with the victim B (the 15-year-old-old-old-old-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon-pon

Accordingly, the Defendant, who is a child or juvenile, has sexual intercourse with the victim by taking advantage of the state of disability.

2. On November 25, 2018, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Quasi-Indecent Act by compulsion) committed an indecent act by the victim B (the age of 16) who was playing his/her mouth at the home of the said Defendant, committed an indecent act against the victim by taking fright in a sofacion, by inserting his/her finger into the victim’s clothes, by gathering his/her finger into the victim’s chest, by gathering his/her finger into the victim’s panty, and putting him/her out into the victim’s panty, and facing him/her out of the victim’s panty.

As a result, the Defendant committed indecent act against the victim by taking advantage of the state of the victim who was a child or juvenile unable to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Recording recording recording and reporting thereon;

1. Stenographic records;

1. Recording records;

1. A letter of confirmation, etc. of Tongwon and a letter of opinion;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

1. Article 7 (4) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is applicable to the relevant criminal facts and the selection of punishment therefor;

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