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(영문) 인천지방법원 부천지원 2014.04.11 2014고합7
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

At around 18:30 on October 10, 2013, the Defendant: (a) induced the victim E (the 14-year old) who was aware of the Defendant’s residence in Yacheon-gu, Yacheon-gu, D apartment 106 Dong 1304 (the 14-year old), and ordered the victim to take tobacco to the victim; (b) induced the victim to his residence; (c) put the victim into the bed on the bed inside the bed; (d) put the victim into the bed on the bed; and (d) put the victim’s hand on the bed against the left hand; and (e) prevented the victim from putting the victim’s hand on the bed, putting him off the clothes of the victim; and (e) inserted the victim’s sexual organ into the bed part of the body of the victim, thereby committing rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the details of replys requested for genetic testing by the State);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;

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

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

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

1. It is difficult to readily conclude that a defendant exempted from disclosure order and notification order has no record of punishment for a sexual crime, and thus, the risk of recidivism or recidivism of a sexual crime is difficult. In this case, the completion of personal information registration and sexual assault treatment program alone appears to have an effect to prevent recidivism by the defendant. The defendant’s age, the degree of risk of recidivism, the background and process of the crime in this case, the relationship between the defendant and the victim and the victim, the age of the victim, and the disclosure order in this case.

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