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(영문) 서울서부지방법원 2015.01.13 2014고합285
미성년자의제강간
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On April 2014, the Defendant became aware of each other through the Victim D (M, T, T, T, T, T, T, T, T, T, T, T, T, T, T, T, T, and SNS F, C, C, and C.

The Defendant, around 14:30 on May 10, 2014, had the victim kneee in the “Foman's room” located in the Dong-gu E and the third floor of Ansan-si, and had sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made against D in preparation of the judicial police assistant;

1. A criminal investigation report prepared by a prosecutor's assistant prosecutor (to hear victim's telephone statements);

1. Application of Acts and subordinate statutes to report internal investigation prepared by a judicial police officer (Attachment of Victim Kakao Stockholm photographs);

1. Articles 305 and 297 of the Criminal Act applicable to the crimes;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

4. Examining the following circumstances in light of the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 50(1)] of the Act on the Protection of Children and Juveniles against Sexual Abuse [Article 50(1) [Article 50(1)] of the Act on the Protection of Children and Juveniles against Sexual Abuse: (a) there is no history of criminal punishment before the instant case; (b) there is no need to impose security measures, such as an order to disclose personal information, on the Defendant because the Defendant committed one time with contingency and impulse, or because it is difficult to view that there is a risk of recidivism; (c) there is a significant degree of infringement of legal interests of the Defendant when disclosing and notifying the Defendant’s personal information; and (d) there is no special circumstance that the disclosure

1. The scope of recommendations according to the sentencing criteria (the scope of recommendations) shall be subject to the age of 13;

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