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(영문) 대전지방법원 천안지원 2018.10.10 2018고합126
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The Defendant, while attending the first year of a university, is a relationship between the victim B (a family name, a female, the age of 14) and a dance.

On March 26, 2018, at around 13:00, the Defendant, while drinking alcohol together with E of the victim and the victim’s friendship with E, had sexual intercourse with the victim, who was under the influence of alcohol by the victim, with E, and had sexual intercourse with the victim, who was exempted from the victim’s fright and panty, and inserted his sexual organ into the victim’s sexual organ into the sexual organ.

Accordingly, the Defendant, under the influence of alcohol, has sexual intercourse with a victim who is in a state of non-competence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Statement made by the police against B;

1. Each self-statement B and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, and the choice of imprisonment for a limited term;

1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors for sentencing that are favorable

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Application of the sentencing guidelines [Determination of the types] the basic area of the crimes of rape (Rape/special rape, such as rape/residential intrusion, etc. by relatives) (the scope of recommendations and recommendations]; five years to eight years; and

3. Determination of sentence: Imprisonment with prison labor for a period of three years, the defendant was in a state of resistance under the influence of alcohol;

Quasi-rape has been made to the victim of 14 years of age, and the nature of the crime is bad.

The victim seems to have caused considerable sexual humiliation and mental shock due to the crime of this case.

In a sense that the Defendant seeks a letter against the instant crime, KRW 4.50,000 to the victim.

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