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(영문) 인천지방법원 2014.04.24 2014고합53
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

On December 22, 2013, at around 05:00, the Defendant 301, at the residence of the Defendant, drinked the victim D (the age of 16) who had been living in the Defendant’s dwelling to treat a bridge due to a stobba accident, and was placed on the victim bed in the bed by bed, and boomed the victim by bed, and boomed the Defendant with his hand and s to be tightly sent to the house by being pushed the Defendant, and boomed the victim’s hand and s to be tightly sent to the house. In response, the Defendant boomed the victim’s grandchildren who resisted and resisted, and inserted the victim’s resistance, such as getting off the victim’s will and clothes, and boomed the victim’s sexual organ, thereby committing rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to response to an emergency statement on sexual assault of a victim;

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

1. Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the defendant. In light of the motive and background of the crime of this case, the method and circumstances after the crime of this case, the age and character and conduct of the defendant, etc., where a conviction of the defendant against the crime of this case against the defendant who has registered personal information of this case becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the relevant agency pursuant to Article 43 of the same Act.

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