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(영문) 대전지방법원 천안지원 2016.07.20 2016고합70
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for five years.

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

Reasons

Punishment of the crime

Since around 2003, the Defendant had been living together with C from around 2005 to around 2005, the victim D (one year old, 14) with C was living together with C, and the victim was named as “hin.”

On the other hand, the defendant, alone, used a storm room, and the victim used another room with the flat C.

On December 2, 2015, the Defendant had been able to rape the victim by advertising that the victim had been locked by avoiding drilling and entering the inner room at the end of the Defendant’s residence.

The Defendant: (a) laid down the victim’s body, laid down his hand and sprinked the victim’s spons, sponsed the victim’s spons in order to capture the victim’s spons from diving and to escape the situation; (b) laid down the victim’s body, laid down the victim’s spons on the floor, laid down the victim’s spons on the part of the victim’s body, kid the victim’s sponsed the victim’s sexual organ into the part of the victim’s sexual organ, and raped the victim, who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of damage inflicted on the victim;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to family relation certificates and certified copies thereof;

1. Article 7 of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information and an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant has no criminal record for the same type, the defendant has no criminal record for the same type of crime, and the effect of preventing re-offending through the sentence of imprisonment to the defendant for a reasonable period, the registration of personal information,

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