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(영문) 청주지방법원 제천지원 2014.08.08 2014고합22
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

A defendant shall be punished by imprisonment for a maximum term of five years and a short term of three years and six months.

80 hours against the defendant.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of a victim recorded in a statement video CD;

1. Application of statutes on experts' written opinions on sexual assault cases against children with disabilities;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 7 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that an act of inserting the sexual organ into the victim's mouth) and Article 7 (2) 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the fact that an act of inserting the instrument into the victim's port) concerning the criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as being a juvenile in light of the characteristics of the juvenile)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [in cases of concurrent crimes, among concurrent crimes, the punishment provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to the similar act of a minor under thirteen years of age) due to the act of inserting implements in the written resistance of the victim on May 2, 2014, which is the largest penalty, the nature of the crime, and the circumstances of the crime];

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order the Defendant continued and repeatedly committed a dynamic similar rape as stated in the facts constituting an offense in order to satisfy his/her sexual identity and values, and the victim has no choice but to live with the suffering that is difficult to recover throughout his/her life, and the Defendant should be punished strictly.

The sentence, above, is a juvenile who has yet to be aged by the defendant and appears to be a substitute for his crime, and is determined as ordered by considering the various circumstances shown in the arguments in this case.

.personal information;

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