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(영문) 수원지방법원 2015.01.08 2010고합301
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 08:10 on May 8, 2010, the Defendant found the victim E (the age of 17) who is a female juvenile in Suwon-gu, Suwon-si, Suwon-si, and found the victim E (the age of 17) to have indecent act by compulsion, the Defendant drinking the victim’s chest by raising clothes inside Trts in which the victim suffered, and sent back the victim’s half-bat and clothes.

Accordingly, the defendant, a female juvenile victim, was forced to resist by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (the No. 1, 8 of the evidence list);

1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 2011); Article 299 and Article 298 of the Criminal Act (amended by Act No. 10259, Apr. 15, 201) [However, the upper limit of punishment shall be 15 years of imprisonment with prison labor prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)];

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. Order to complete a program, Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012); Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 38 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012)

1. The scope of applicable sentences: Imprisonment for not less than six months to not more than seven years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the general standard and the basic area (six months to two years) of the crimes of indecent act by force (the persons aged 13 or older).

3. The crime of this case in which the defendant committed an indecent act against a female juvenile who was locked at soup and soup, and the nature of the crime is bad, thereby making the victim feel a considerable sense of sexual humiliation.

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