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(영문) 수원지방법원 2018.07.05 2018고합134
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

[criminal history] On September 21, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (mediation, etc.) at the Suwon Friwon, and the judgment became final and conclusive on September 29, 2017.

[Criminal facts] The Defendant, around 15:00 on May 20, 2017, had sexual intercourse by inserting his own sexual organ on the part of the victim E (M, 16 years of age) and drinking with D, which came to know through D around 15:0 on May 20, 2017.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the mental or physical loss of the victim, who is a child or juvenile, or the impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records or a complaint;

1. A copy of bankbook;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the latest same military records of the suspect);

1. 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 crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 21 (2) 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, exempted from an disclosure order and a notification order, cannot be deemed to pose a threat to many and unspecified persons in light of the content of the crime. In addition, the education alone, such as preparing and submitting anti-influences on the programs for the prevention of commercial sex acts being completed by the Defendant on a separate basis, is also improving the wrong sexual values.

I seem to appear.

Taking into account these circumstances, it is expected that the effect of preventing recidivism can be expected to a certain degree only by taking lectures in the registration of personal information and the treatment of sexual assault.

I seem to appear.

In addition, the age and occupation of the defendant, and the type of the crime of this case;

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