logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.19 2017고합309
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

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

The defendant is about 40 hours of sexual assault treatment program.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant: (a) around 04:42, 2017, while drunkd the Victim F (M, 17 years of age) under the influence of alcohol on the alleyway between D Sings and E in Dongdaemun-gu Seoul Metropolitan Government, followed the Victim F (M, 17 years of age) and carried the Victim’s chest, leading the Victim to the alley seat, leading the Victim to the said alley seat, and pushed the Victim into the alley wall.

In addition, the Defendant divided the victim’s satis, “I Ra.” and the victim’s satis, and tried to have the victim’s satis, and exceeded the victim’s panty and inserted the Defendant’s sexual organ into the victim’s negative part.

Accordingly, the defendant raped the victim who is a child or juvenile by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Part of the witness J’s legal statement;

1. The statements and stenographic records recorded in video recording CDs;

1. On-site CCTV images;

1. A copy of the 112 reported case handling list; and

1. Application of Acts and subordinate statutes to each investigation report (including the provision of CCTV, such as victim currencies, etc., reference telephone, and CCTV;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time) concerning the relevant criminal facts and Article 7 of the same Act;

1. Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act (the defendant is deemed to be a juvenile in light of his/her characteristics) of the Juvenile Act, and Article 55(1)3 of the Criminal Act

1. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the defendant and his/her defense counsel, as well as 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 order and notification order

1. The summary of the assertion was only attempted to engage in sexual intercourse under the agreement with the victim, and did not rape the victim.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant may be found to have raped the victim.

arrow