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(영문) 춘천지방법원 원주지원 2015.11.30 2015고합86
미성년자의제유사강간
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On June 10, 2015, the Defendant: (a) around June 10, 2015, the Victim B (11) reported the victim’s counseling writing on the NAV knowledge, and had contacted the victim’s mobile phone, and received text messages, and had the victim talked about similar rape.

At around 19:30 on June 27, 2015, the Defendant: (a) laid the victim on the part of the Defendant, sent the victim to the 605 Domoel room located in Gangwon-do Crossing-gun; (b) laid off the victim’s clothes within the above Domo-gun Damo-gun; and (c) laid off the victim’s clothes on about two occasions during the period from the Domo-gun to the point from the Domo-gun, and her act of putting the victim’s sexual organ into the victim’s mouth during the period from the Domo-gun to the point from June 28, 2015 to the point from 07:10 on June 28, 2015.

Accordingly, the Defendant committed similar rape against a person under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Stenographic records;

1. Recording-recording records;

1. A family relation certificate, a transcript of removed register, and a certified copy or abstract of resident registration, respectively;

1. Each video CD or each CD;

1. Application of the provisions of Acts and subordinate statutes to photographs of text messages, CCTV images taken by cutting off a Domoto, NAber knowledge photographs, and text messages;

1. Relevant Articles 305 and 297-2 of the Criminal Act concerning criminal facts;

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

1. Where a conviction of a sexual crime of this case, which is subject to the registration and submission of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, the accused is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for not less than two years nor more than thirty years;

2. The range of recommendations according to the sentencing guidelines (determination of types), sex crime groups, general standards, sex offenses against persons under 13 years of age;

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