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(영문) 서울서부지방법원 2017.06.22 2016고합301
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On March 1, 2016, the Defendant violated the Act on the Protection of Children and Juveniles from Sexual Abuse (compact) committed a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (compact) by: (a) around 07:00 on March 1, 2016, the Defendant: (b) intending to take a fright and panty of the victim under the influence of alcohol, after entering the room where the victim gets out of the house where he/she was locked with tobacco, such as the victim’s D (n, 14 years old); (c) male and friendly appearance of the victim, E, F, and G, etc.; and (d) tried to put the victim’s fright and panty in the ward where he/she was under the influence of alcohol while drinking alcohol, and then put the victim’s kne to the kneel in his/her own kne and then put the victim’s kn on the bridge.

F, E, etc. did not reach the wind, but did not commit an attempted crime.

Accordingly, the Defendant attempted to rape a juvenile victim as above.

2. The Defendant is a victim E (17 years old) who observed the above crime at the same time and place as the preceding paragraph.

Corresponding Doz.

“Along with the buckbucks of the victim, the victim’s face was bucked twice by drinking bucks, and the victim’s face was bucked once due to bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Legal statement of witness E;

1. To state part of the witness F in the third public trial record;

1. Police statements recorded CDs with D;

1. Application of investigation reports (victim E photographs, text text with F), E photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse and Articles 7(6) and 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the attempted rape of juveniles, the choice of imprisonment with prison labor), and Article 260(1) of the Criminal Act (the occupation of assault, the choice of imprisonment with prison labor) concerning criminal facts;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act [Article 25 (2) and Article 55 (1) 3 of the Criminal Act on the Protection of Children and Juveniles against Sexual Abuse];

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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