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(영문) 대구지방법원 서부지원 2018.10.04 2017고합173
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On November 7, 2016, 2016, the Defendant: (a) around 06:0, at the Simgu apartment house B; (b) the Defendant’s house located in the Daegu City, Seo-gu, Daegu; (c) and other people, such as the victim D (the age of 17) and drinking alcohol; and (d) the victim, who dumped in the inside of the inside, had the victim reported that he had sexual intercourse with the victim; and (b) had the victim, who was exempted from all of the load, had the kis on the victim’s sexual organ inserted into the part of the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the mental or physical loss of the victim or the impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of part of the statement made by the witness E in the third public trial protocol;

1. Some statements concerning the defendant in the prosecution or the police interrogation protocol;

1. Stenographic records or statement recorded CDs with D;

1. Each picture and photograph (No. 11 No. 11 of the evidence list);

1. Application of investigation report (Attachment of the result of a request for appraisal), and of response to a request for appraisal;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The comparison between the Defendant’s age, occupation and other social benefits expected by the disclosure order and employment restriction order, and the effect of preventing sexual assault crimes, as well as the degree of disadvantage and anticipated side effects of the Defendant’s entry, shall be balanced. Article 49(1) proviso, Article 50(1) proviso, and Article 56(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant has no criminal history, and the crime of this case is not intended for many and unspecified persons, and the registration of personal information of the Defendant and the completion of sexual assault treatment program is likely to prevent the recidivism of the Defendant.

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