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(영문) 창원지방법원 2016.08.11 2015고합294
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

The defendant and the victim F (n, 18 years old) came to know through the Internet club members, around two years before the above club members, and the defendant had a sense of care for the victim.

On September 29, 2015, at around 01:0 on September 29, 2015, the Defendant met the victim who had attempted to work as a sponsor at the sponsor's station located in the racing, and until the damaged person completes the day. At around 02:00 on the same day, the Defendant saw the victim as well as the victim at the trade name sponsorum house located near the above sponsor's station, and the Defendant saw the cab to find a spice.

The Defendant, at around 03:00 on the same day, landed with the victim in the Jel located in Jel I, and purchased a tenant, etc. at the neighboring convenience shop, and bread the victim under the influence of alcohol by entering the above 204, and breading the victim who cannot walk properly, she shall be placed on the part of the victim, and she shall be set off on the part of the victim, she shall be set off on the part of the chest, and she shall be set off on the part of the chest, and she shall have sexual intercourse with the victim once.

As a result, the Defendant had sexual intercourse with a child or juvenile under the influence of alcohol and rape.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of F in the protocol of interrogation of the suspect against the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. A written statement;

1. Application of the statutes governing CCTV CCTV CDs;

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

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 against Sexual Abuse;

1. The ages, occupations, family environments, criminal records, and convictions of the accused, who are exempted from the disclosure order and notification order, under the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the recorded accused's age, occupation, family environment

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