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(영문) 제주지방법원 2019.06.20 2019고합13
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

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

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

Reasons

Punishment of the crime

On October 6, 2018, the Defendant used mobile phones No. Btel C in Jeju-si, followed the victim D (at the age of 18) who came to know through a fishing fluorc c in which women act in South and North Korea between the preceding women on the day before the use of mobile phones in order to have a sexual relationship with the victim by threatening the victim by using the victim’s face and bridge photograph sent from the victim as he/she was his/her female, and by inducing the victim to have a sexual relationship with the victim.

Thus, from October 7, 2018, the Defendant sent 2:5 to 03:30 on October 7, 2018, 2018, the following day to the Defendant’s residence, a cell phone hosting c in the above Btel, which is the Defendant’s residence, the Defendant sent the Defendant’s btel to the Defendant’s website of high school where the Defendant “I are male......” The Defendant will delete the pictures when having a bran sex relationship.”

Therefore, when the victim reported the message sent by the defendant and the victim wanted to speak that the victim would not spread the message, the defendant was arrested at the police around October 7, 2018, by threatening the victim to spread the victim's balm photographs and face photographs if the defendant does not have sexual intercourse with the defendant, thereby preventing the victim from resisting against the victim, and by allowing the victim to commit rape. However, the defendant was not arrested at the police around 04:45 on October 7, 2018.

Accordingly, the defendant attempted to rape the victim who is a child or juvenile by threatening the victim, but attempted to commit such rape.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements and text messages;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act are advantageous to discretionary mitigation.

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