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(영문) 대구지방법원 서부지원 2015.01.15 2014고합153
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 6, 2014, at around 01:00, the Defendant entered the said guest room under the influence of alcohol by Einna, 107, a juvenile victim F (here, 14 years of age) in Daegu-gu, Seo-gu, Daegu-gu. As such, G and H were to enter the victim’s side room and entered the victim’s side room.

The Defendant, at that place, reported that the victim was unable to take her body and was in her part, and the victim was able to take her part in the bed with her hands, rhym, rhym, knife the victim’s chest, her chest and panty, and tried to engage in sexual intercourse with the victim’s sexual organ, but the victim, who was suffering from the mind, resisted the victim’s body, resisted the victim’s body, and reported her intention, was not achieved.

Accordingly, the Defendant attempted to rape a juvenile who was unable to resist under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and I;

1. Application of Acts and subordinate statutes to an investigation report (whether a victim is aware of a juvenile);

1. Article 7 (6), (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning the relevant criminal facts and the selected punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Where a conviction of a criminal fact indicated in the judgment on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The reason for sentencing.

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