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(영문) 수원지방법원 안산지원 2014.02.07 2013고합309
아동ㆍ청소년의성보호에관한법률위반(준강간등)
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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.

(e).

Reasons

Punishment of the crime

On August 8, 2013, the defendant found that the victim was under diving by drinking alcohol in the defendant's room at around 05:00 on the same day, and included the victim's chest and the victim's fingers in his/her drinking in his/her place of residence in Ansan-si, Ansan-si. F.

After that, the victim's sexual behavior was frightened to the victim so that the victim does not have the same way with male behaviors, and the defendant was exempted from the victim's right, and the defendant was inserted into the part of the victim's sexual organ.

As a result, the defendant, who is a juvenile in a state of impossible to resist, has sexual intercourse with the victim's sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. One CD (victim) and each statement in G contained in the video CD;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. Records of statements, recording records and recording records;

1. Each police statement to J and K;

1. Application of respective Acts and subordinate statutes;

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

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed in the Act on the Protection of Children and Juveniles against Sexual Abuse due to quasi-rape of juveniles heavier than the hostage)

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. The assertion of the accused and the defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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