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(영문) 의정부지방법원 2013.07.23 2013고합254
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Criminal facts

At around 14:00 on February 25, 2013, the Defendant divided the conversation with the victim E (n, 16 years of age) who was female-friendly job offers victim E (n, 16 years of age) on the second floor of the Nam-gu Incheon Metropolitan City, and moved the victim into the toilet on the third floor of the building, taken the victim's hand into the toilet, opened the toilet, pushed the victim with the wall, pushed the victim with the wall and pushed the victim with the wall. On the left hand, the Defendant divided the victim's hand into the upper wall of the head of the victim by putting the victim's hand into the front wall and the clothes of the victim, putting the victim's will and clothes under the bottom of the victim's inner part, putting the victim's sexual flag into the victim's sexual part, and putting the victim's sexual part into the part of the defendant's sexual part, thereby committing rape.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (a statement damaged by E);

1. Photographs of the place of occurrence;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012) regarding criminal facts

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as being a juvenile in light of the characteristics of the juvenile)

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

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

1. In light of 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 fact that the defendant is a juvenile, and the defendant has received a juvenile protective disposition against the defendant as a crime of this kind, but there are no criminal records of the same kind, it is reasonable that the defendant does not disclose and notify the personal information of the defendant) on the grounds for sentencing [I] of the punishment [I] of the same criminal record and heavy criminal punishment, three times of juvenile protective disposition due to theft, etc., and one time of suspension of indictment against the juvenile [I].

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