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(영문) 광주지방법원 2016.04.22 2016고합27
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On September 22, 2015, the Defendant, at around 22:00, carried out the Defendant’s friendship with the Defendant’s friendship C, was able to rape the victim D (the 17-year-old age), and operated the Defendant’s KS7 car, after returning C, having the victim on board the Defendant’s E-7 car.

On September 23, 2015, the Defendant: (a) around 01:00 on September 23, 2015, when the Defendant was carrying a victim on the Defendant’s passenger car, and (b) demanded a mobile phone message from C to have the victim take the seat, and (c) demanded several times to ask the Defendant to take the house, but (d) the Defendant parked the said car on the road side of Gwangju Dong-gu, Gwangju.

Although the Defendant asked the victim, who was frightened in a closed passenger car, was frighten of his body and was frighten in the vicinity, the Defendant was frightened with the victim's chest and frighted with the victim's breast.

Therefore, the victim's body was avoided and refused by the victim, and the defendant tried to get the victim's panty and panty beyond the top direction of the victim's seat.

Although the defendant set up the victim's hand and set up his panty, he set off the victim's panty and panty, put the victim's bridge tightly tightly resisting the defendant's shoulder, etc. by hand into his hand, pressures the victim's resistance into his her panty, and inserted the defendant's sexual organ into the victim's panty.

Accordingly, the defendant raped the victim who is a child or juvenile through violence or intimidation.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a fixed term) concerning the relevant criminal facts and Article 7 of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Children or juveniles exempt from the disclosure order and notification order;

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