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(영문) 수원지방법원 안산지원 2014.07.11 2014고합91
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

1. The defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years;

2. Sexual assault against the defendant for 120 hours.

Reasons

Punishment of the crime

At around 08:00 on December 14, 2013, the Defendant, at the 501 room of the Domotour in Ansan-si, the Mamoto-si, the upper limit of 08:0, and seven persons, including the victim E (the victim E, 15 years of age), drink all together with the other seven persons, and locked, the victim who was in the bed and seded at the bed, went off with the pan and panty of the victim, and had sexual intercourse by inserting his sexual organ into the part of the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of E and F (including the part of the G's statement);

3. The application of Acts and subordinate statutes to requests for appraisal, reports and written appraisal;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;

2. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (Juveniles) of the Juvenile Act mitigated by law;

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

5. Order to complete a program, etc. under Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

6. The Defendant’s reasons for sentencing in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are the juveniles prescribed by the Juvenile Act, and the sentencing guidelines do not apply.

1. The scope of applicable sentences: Imprisonment for one year and three months to seven years;

2. In this case, the decision of sentence: (a) the defendant drinks in the telecom with seven persons, including the victim, and (b) the victim, who was first considered to be a child or juvenile victim, and sexual intercourse with the victim, using the crepan in which he had sexual intercourse; (c) the nature of the crime and the criminal conduct are not good; and (d) the victim, who was in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school in the middle school, may

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