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(영문) 대전지방법원 2013.07.12 2013고합75
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

Defendants shall be punished by imprisonment for three years.

The Defendants shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 27, 2012, from around 03:00 to 05:00, Defendant A had sexual intercourse with the victim, who was a child or juvenile, by inserting the victim F (the 17-year age), who was under the influence of alcohol at the lower location of the Defendant’s residence, located in Daejeon East-dong, 101 Dong-gu, and 605, and by inserting the Defendant’s finger and panty into the victim’s sexual flag, by inserting the Defendant’s finger and panty into the victim’s sexual flag, thereby making use of the victim’s refusal to resist.

2. On the same day from 05:00 to 06:00 on the same day as paragraph (1), Defendant B shouldered the victim who was diving in the bed while drunkly under the influence of alcohol at the same place as Paragraph (1), but under the influence of alcohol, the victim’s will and panty as the victim did not take her care, and the Defendant’s sexual organ inserted the victim’s sexual organ into the victim’s sexual organ into the victim’s sexual organ, thereby having sexual intercourse with the child or juvenile by taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Each statement made by the Defendants to the effect that they had sexual intercourse with the victim at the time and place of each ruling

1. Each legal statement of witness F and G;

1. Application of the relevant Acts and subordinate statutes to describe requests for appraisal, replys for gene appraisal;

1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 28, 2012; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”), Article 299 of the Criminal Act concerning criminal facts

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( December 18, 2012), Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant A has no record of criminal punishment other than those subject to juvenile protective disposition three times under the proviso of Article 38(1) and the proviso of Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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