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(영문) 울산지방법원 2013.08.23 2012고합203
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

Around 06:00 on March 17, 2012, the Defendant, while drinking alcohol together with the victim E (at the age of 15) at the D coffee shop located in Ulsan-gu, Ulsan-gu, Ulsan-gu, (hereinafter referred to as “Sasan-gu”), had the breathd victim under the influence of drinking, taken the breath to the toilet at the same time, let the breath of the breath of the breath and the clothes of the breath of the breath of the breath and the breath of the breath of the breath of the breath of the breath and the breath of the breath of the breath of the breath of the breath of the breath of the b

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs and video CDs recorded in E;

1. The police statement concerning F;

1. Each investigation report (attached a written request for appraisal);

1. Application of Acts and subordinate statutes governing on-site photographs and briefings for appraisal;

1. Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reasons for sentencing under Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 11572, Dec. 18, 2012) and Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing guidelines (determination of types), group of sex crimes, general standards of 01;

A. In the case of the crime of rape (the subject of 13 years of age or older) where a deceptive force, other than assault and threat, is used [the scope of decision and recommendation in the recommended area] mitigated area, where a juvenile is committed in three to five years [the subject of suspended execution] - The victim who is vulnerable to the crime - the general witness - the general witness : (a) there is no criminal conviction for the same kind of crime and there is no criminal conviction for the suspended execution.

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