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(영문) 수원지방법원 안산지원 2019.10.11 2019고합110
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

[criminal power] On November 28, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for attempted rape, three years of suspended execution, etc. in the Ganwon District Court’s female branch, and the said judgment became final and conclusive on December 6, 2013. On May 27, 2016, the sentence of suspended execution was invalidated on December 8, 2018, after having been sentenced to eight months of imprisonment with prison labor for special larceny, etc. at the Busan District Court, and the execution of each of the above imprisonment with prison labor was completed.

【Criminal Facts】

1. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) stated in the facts charged on April 7, 2019 as “as of April 8, 2019,” but appears to be a clerical error of “as of April 7, 2019.”

In light of the evidence submitted, even if the facts charged are found as above, it is deemed that there is no concern about actual disadvantage in the defendant's exercise of the right of defense.

Around 09:00, the child and juvenile B and the victim C (n, 18 years of age) were met through the "U.S. Stockholm", which is the "U.S."), and the child and juvenile D and the victim Hasan-gu Eel F.

At around 12:00 on the same day, the Defendant left the victim, who was frightened in D and B while under the influence of alcohol, and entered the Moel G, who was in a separate room, brought the victim's body into the bed and frighted, and forced to leave the victim's name and brode, fright, fright, and panty in the order of the victim's body, although the victim refused to “I, Ma, Ma,” and the victim refused to “I, Ma, Ma,”

Then, the Defendant: (a) divided the body of the victim who was shakened on the left and left and refused to engage in a sexual intercourse into two descendants; (b) sealed the resistance; and (c) inserted buckbucks into two hand and inserting the sexual flag into two hand.

As a result, the defendant raped the victim who is a child or juvenile.

2. At around 14:00 on the same day, the robbery Defendant returned to the Emburf where D and B were to file a petition against the victim for rape described in paragraph (1) from the victim.

The defendant.

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