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(영문) 수원지방법원 여주지원 2014.05.15 2013고합110
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendants shall be punished by imprisonment for a maximum term of two years and by a short term of one year and six months.

Sexual assault for 80 hours against the Defendants.

Reasons

Punishment of the crime

1. On December 21, 2012, at around 23:30, the Defendant and the requester for the attachment order, and the requester for the probation order (hereinafter referred to as the “Defendant”) (hereinafter referred to as the “Defendant”): (a) on the third floor of the D shopping mall, the Defendant, at around December 21, 2012, engaged in drinking together with the juvenile victim E (14 years old, female) and B, etc., who were under the influence of alcohol and was able to report the victim who was unable to resist due to drinking, and was able to take care of the victim’s chest by making use of the cresh in which they were fright and frightd; and (b) was off the victim’s chest, and frighted off the victim’s lower part, and had sexual intercourse with the victim, who was on the part of

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

2. On December 21, 2012, at around 23:30, the Defendant and the requester for the attachment order, and the requester for the probation order (hereinafter “Defendant”) (hereinafter “Defendant”) sent to the third floor of the D shop set forth in paragraph (1) on the third floor of the D shop set forth in paragraph (1), one floor to smoke while drinking tobacco with the said victim E and A, etc., and again, the Defendant appeared to have sexual intercourse with the victim who is under a state of non-performance due to the influence of alcohol by the said victim E and A.

Accordingly, the Defendant, upon his desire to engage in sexual intercourse, was exempted from both the Defendant’s subordinate, and was sexual intercourse once again on the part of the victim.

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

Summary of Evidence

1. Defendants’ respective statements in the first trial records;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to report on investigation (report on investigation to victims);

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same) on criminal facts; Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012)

1. Articles 2 and 60(2) of the Juvenile Act for mitigation of juvenile offenses.

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