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(영문) 제주지방법원 2016.05.12 2015고합173
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 22, 2015, at the defendant's dormitory located in D 302, 09:00, the defendant laid off all clothes of the victim E in his/her hands, prevented him/her from wearing his/her arms and trees, and inserted his/her sexual organ into the part of the victim's sound.

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

Summary of Evidence

1. Witness F;

1. Evidence of each part of witness G, H and I;

1. Investigation reports (verification of the identity of the suspect and the victim of the entry into or departure from the Republic of Korea), investigation reports (Attachment of the receipt for medical examination and treatment), investigation reports (the results of genetic appraisal of the victim), and respective accompanying materials, investigation reports (the results of genetic appraisal);

1. Each video recording CD;

1. Stenographic records or transcript;

1. Letters sent by the defendant, and text messages between the defendant and F;

1. Application of Acts and subordinate statutes on professional examiners;

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. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure and notification (the defendant, as the primary offender, is in danger of recidivism or recidivism of sexual assault only by committing the instant crime;

In light of the fact that it is difficult to readily conclude, in light of the circumstances of the instant crime, etc., the effect of preventing the recidivism of the Defendant can be achieved even through the registration of personal information and the completion

In full view of other circumstances, such as the benefits expected by the disclosure order or notification order of this case and the preventive effects, and disadvantages and side effects resulting therefrom, there are special circumstances in which personal information may not be disclosed or notified.

I think)

With respect to the defendant who has registered personal information.

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