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(영문) 청주지방법원 충주지원 2016.01.07 2015고합47
미성년자의제강간미수등
Text

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

To the defendant, the defendant shall complete the sexual assault treatment program for a period of 40 hours.

Reasons

Punishment of the crime

On October 3, 2015, at around 00:0, the Defendant discovered the Victim E (F, 10 years of age) from “D” located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and took the Victim into one’s house located in F, 207 Dong 708, and tried to get sexual intercourse with the Victim, off the Victim’s clothes, and off the Victim’s clothes, and added the Victim’s chest and sexual organ into the Victim’s sexual organ as soon as the Victim’s chest and sexual organ was immediately inserted into the Victim’s sexual organ, but the Victim’s sexual organ was not written and attempted.

Accordingly, the defendant did not intend to engage in sexual intercourse with a minor under the age of 13 but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the E’s statement-related Acts and subordinate statutes recorded in police recorded CDs;

1. Articles 305, 300, and 297 of the Criminal Act concerning the facts constituting an offense;

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. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse [the Defendant’s age, occupation, environment, social ties, past offense (no record of sex offense), the circumstances and results of the instant crime; (b) the effect expected to be disclosed or notified to the Defendant by disclosing or notifying information on the Defendant; and (c) the disadvantage and anticipated side effects of the Defendant, there are special circumstances under which the Defendant’s personal information may not be disclosed

The reason for sentencing is that the crime of this case is likely to have sexual intercourse with the victim who has been aged without the ability to normally determine and exercise his/her right to sexual self-determination, and thus, it is necessary to strictly punish the defendant due to the very poor nature of the crime.

However, the defendant's attempt to commit the crime of this case is against the wrongness.

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