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(영문) 전주지방법원 2017.03.30 2016고합168
미성년자의제강간등
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") is a person who was a father of the victim D (a woman, pseudonym) who was a child of the said C in around 2007 between C and his/her dependants in around 207.

1. Control and rape of a minor;

A. The Defendant, at the second floor office of F Institute of Education in Seo-gu, Seo-gu, Gwangju, around July, 2008, had sexual intercourse once by putting his sexual organ out of the victim D (12 years old at that time) who was waiting for returning home with his leaving home, and her own sexual organ inserted his sexual organ into the victim's sound.

B. The Defendant, around July and August 2008, had sexual intercourse with the victim by putting the victim on the floor, putting him on the floor of the panty room, putting him out of the panty room, and inserting his sexual organ into the victim’s sound book once.

2. The Defendant, a minor’s indecent act, committed an indecent act on July 2008, committed an indecent act against the victim by deceiving the Defendant’s seat next to his hand while driving the Defendant’s knife in Jeonju from Gwangju to Jeonju on August 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements made to the defendant in the protocol of interrogation of the suspect (two times) to the prosecution;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions and Articles 305 and 297 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012) (amended by Act No. 11574, Apr. 15, 2010; the maximum term of imprisonment shall be 15 years of imprisonment prescribed in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010); the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012); Articles 305 and 298 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with punishment prescribed in Article 1-2 (b) of the same Act as the most severe judgment on the punishment for concurrent crimes);

1. Order for the protection of children and juveniles against sexual traffic;

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