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(영문) 인천지방법원 부천지원 2017.06.02 2016고합278
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant, at the home of the Defendant in Y-si, had the victim D (a name, female, 17 years of age) and the entrusted school (a state E), who had no place to go out of the country, and had the victim go out from the home of the Defendant in Y-gu, Y-si, Y-si.

1. On April 2016, the Defendant committed an indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi-indecent act) committed an indecent act against the victim, who is a child or juvenile in a state of resistance because the victim was locked by his/her knife with his/her knife with his/her knife, thereby leading the victim to an indecent act against the victim, who is a child or juvenile in a state of resistance.

2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, had sexual intercourse with the victim, who is a child or juvenile in a state of resistance, by having the victim feel crepane to rape another victim again, on April 29, 2016, entering the same room with a new wall on April 29, 2016, and having sexual intercourse with the victim in a state of impossibility of resistance.

Summary of Evidence

1. Each statement of a witness D, G, and H in the second public trial records;

1. Statement made by the witness I in the third public trial protocol;

1. Details of the victim's Hand phone calls, and print-out of text messages;

1. Written opinions of statement analysis experts, records of initial counseling on sexual assault, response to requests for each appraisal, and each gene appraisal report;

1. Application of D’s statement legislation contained in two CDs (Evidence No. 24) (Evidence List No. 24);

1. Relevant provisions of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a quasi indecent act committed by compulsion), Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (a point of quasi-rape and choice of limited imprisonment) concerning the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as stated in the heavier punishment)

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;

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