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(영문) 인천지방법원 2016.06.22 2015고합819
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On November 16, 2015, at around 18:30, the Defendant committed an act of inserting part of the body of the Defendant in a victim’s sexual intercourse by taking advantage of the victim’s non-fluence condition, such as taking the victim’s fingers into the victim’s inner isolation room located in the Nam-gu Incheon Metropolitan City D Hospital (nat, 18 years of age) for the victim E (nat, 18 years of age) who was administered with the substance of the substance of the substance of the medication, and taking the victim’s breasts into the part of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

1. Article 7 (4) and (2) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the disclosure and notification order of registered information is required to be careful as it may have a significant impact on the defendant. The following circumstances acknowledged in the record, namely, there is no record of committing the same crime against the defendant, and the registration of personal information and sexual assault treatment program is deemed effective to prevent recidivism to a certain extent, and the defendant's age, occupation, family relationship, social relationship, and other circumstances, including the benefits and preventive effects expected from the disclosure and notification order of this case, and disadvantages and side effects therefrom, shall be comprehensively taken into account:

The reason for sentencing is determined (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Two types of crimes of rape (in the case of juvenile quasi-rapes, juvenile quasi-rapes) in the general criteria for the application of the sentencing guidelines [types].

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