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(영문) 광주지방법원 2014.12.10 2014고합301
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for six years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The Defendant: (a) around January 1, 2014, entered the center of the victim C (n, 16 years of age) located in Young-gu, Jeonnam-gun; (b) met the chest and sound of the victim married; and (c) opened the body of the victim in his arms, sealed the victim’s body in his arms, sealed the victim’s body on one occasion; and (d) raped the victim, who is a child or juvenile.

Summary of Evidence

Criminal facts in holding

1. Any statement made by the defendant in compliance with this Act;

1. Each statement made by the victim in compliance with the statement of the victim, among the statements made by the victim;

1. An appraisal statement prepared by the appraiser D, which is appropriate for such statement;

1. An industrial father or diagnosis prepared by a doctor E, and a statement fit therefor;

1. As a result, it is possible to recognize an embryoic material photograph, field photograph, etc. by comprehensively taking account of each image suitable for it, there is proof.

Application of Statutes

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Imprisonment for a limited term concerning criminal facts;

1. According to the records, the following facts can be acknowledged according to the reason for sentencing of the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

1. The defendant and the victim are suffering from intellectual disabilities of 6 years of age 10 and 8 years of age in society.

The Defendant was living in a nearby village with about 10 minutes away from the victim’s house, and was aware that the victim was suffering from intellectual disability at the time of committing the instant crime, and that the victim was suffering from sexual assault from other persons in the previous community prior to committing the instant crime.

2. After committing the instant crime, the circumstantial victim was pregnant of the Defendant for the instant crime and performed an abortion operation, and was punished by the Defendant.

3. Family relationship of the defendant and his family relation;

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