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(영문) 수원지방법원 안양지원 2014.12.19 2014고합135
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 4, 2014, the Defendant committed indecent act by compulsion: (a) around 02:42, the Defendant drinked the victim E (here, 21 years of age) returning home on the first floor of the Gu D Building during Ansan-si; (b) took the victim’s arms by leaving the entrance number in the following way; (c) took the victim’s arms toward the victim’s hand; and (d) forced the victim to commit indecent act by force on the left hand.

2. On July 28, 2014, at around 03:05, the Defendant discovered the Victim F (17 years of age) at the bus stops located in the front bus stops of OO apartments located in Ansan-si and around 03:05, the Defendant: (a) discovered the Victim F (17 years of age) who was a juvenile; (b) followed the victim who was walking on the pande of the pande basin; and (c) followed the victim who was walking on the pande of the O apartment; (b) led the victim to the vicinity of the OO apartment; (c) prevented the victim from suffering from suffering from his left hand; and (d) led the victim to a soundproof pan, without human being in the neighborhood.

At this place, the Defendant made the victim not to resist by intimidation, such as “humping down,” and prevented him from resisting, and then forced the victim to leave the victim’s clothes and clothes from the floor up, and sexual intercourse with the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of F’s statement-related Acts and subordinate statutes recorded in the video CD;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act on the choice of punishment, and Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the occupation of juvenile rape and the choice of limited imprisonment);

1. From among concurrent crimes, the number of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term crimes of the above two crimes)

1. Ordered children or juveniles;

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