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(영문) 광주지방법원 순천지원 2016.05.12 2015고합204
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

Punishment of the crime

1. On September 12, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape) from around 02:00 to around 03:30 on September 12, 2015, the Defendant got out of the victim E (the age of 15) who was in a state of resistance by drinking alcohol at the home of D, which is the school of the Defendant’s three-storys of the C Housing, and drinking alcohol at the school of the Defendant, and drinking alcohol at the seat of the Defendant, and had sexual intercourse once with the victim, who was willing to have sexual intercourse with the victim.

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

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant, at the time and place specified in paragraph (1) as described in paragraph (1), she exceeded the victim’s boom and panty, before intending to rape the victim in an unroutable state, and taken the victim’s ballon with a 4 portable camera owned by the Defendant without the victim’s consent.

Summary of Evidence

1. Any statement made by the defendant in part appropriate for such statement among the one-time public trial records;

1. Statement of witness E in the third public trial protocol;

1. Application of the Acts and subordinate statutes to any statement made to F in the police statement made to F, which is relevant to such Acts and subordinate statutes;

1. Relevant provisions of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the point of juvenile quasi-rape, the choice of imprisonment with labor), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking pictures, such as a camera, and the choice of imprisonment with labor);

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the punishment is added up for the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse with heavy punishment];

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

1. Article 2 of the Juvenile Act, which is illegal;

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