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(영문) 광주지방법원 순천지원 2021.01.14 2020고합167
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

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

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 11, 2020, the Defendant dices alcohol together with the Defendant’s drinking together with the Defendant’s drinking together with the Defendant’s drinking, including the Victim B (Gain, fel, 15 years of age) who was a deep school line, and other drinking together with the Defendant’s drinking.

On August 12, 2020, from around 08:00 to 10:00, the Defendant exceeded the victim’s panty and panty panty in a state without consciousness under the influence of alcohol at the instant pentash Dhhum, and took them away from the victim’s panty, and inserted the Defendant’s sexual flag into the part of the victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-refluence condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. stenographic records of the G Center;

1. A response to each request for appraisal, a written appraisal (net 42, 44);

1. Application of Acts and subordinate statutes to report internal death;

1. Relevant Article 7 (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 facts constituting an offense;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is deemed to be a juvenile in light of his/her characteristics) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 in an irregular manner;

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

1. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 2020), the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) (the Defendant’s age, risk of re-offending, type, motive, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the disclosure or notification of personal information

[Determination]

1. An order to restrict employment;

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