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(영문) 대전지방법원 천안지원 2017.12.20 2017고합224
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On July 1, 2015, the Defendant published a letter to the effect that the victim D (the 16-year-old age), who was known through the Messenger, was able to communicate with the Messenger (the Messenger), around 05:00 on May 16, 2017, the Defendant was able to engage in sexual intercourse with the victim (the Messenger) and was able to engage in sexual intercourse with the victim.

At around 08:00 on the same day, the Defendant got the victim to leave the victim's residential parking lot in Seo-gu, Seo-gu, Seo-gu, Cheongju-si, and had the victim go to a parking lot for the victim's residential area, and had the victim go to the victim under the south-gu, Dong-gu F building and A 103.

After that, the Defendant, while speaking that the victim was able to talk about the chest of the chest, she saw the victim’s body and her clothes, she saw the victim’s body and her body and forced the victim to her body and her body, she forced the victim to her body and forced the victim to her body and exceeded the victim’s her part and her clothes, and she raped once by inserting the victim’s sexual organ into the part of the sound.

Accordingly, the defendant raped the juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for each victim;

1. Stenographic records;

1. Each protocol of seizure and each list of seizure;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes to a criminal investigation report (the attachment of a recording file and the result of a request for a suspect's key appraisal);

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. It is anticipated that the effect of preventing recidivism can be expected to a certain extent by completing the registration of personal information and the treatment program for sexual assault against the accused, as prescribed in 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 the disclosure and notification order;

The age, age, etc. of the defendant.

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