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(영문) 인천지방법원 부천지원 2012.11.23 2012고합316
아동ㆍ청소년의성보호에관한법률위반(강간)
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around 04:00 on June 9, 2012, the Defendant: (a) at the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) at the Defendant’s house located in Seocheon-gu, Seocheon-si; (c) had the victim’s chests (nick, 17 years old); and (d) had the victim’s chests, who were suffering from her finger and panty; (d) had the victim’s fingers; (e) had the victim’s fingers; (e) had the victim’s fingers and the Defendant’s sexual organ on the victim’s resistance; (e) had the victim’s body followed and resisted; and (e) tried to put the victim’s fingers into the victim’s body; and (e) have attempted to put the victim’s fingers into the victim’s sexual intercourse with his/her fingers; and (e) had the victim’s sexual intercourse with his/her fingers; and (e) attempted to put the victim’s body into the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Articles 25 (2) and 55 (1) 3 of the Criminal Act, which are statutory mitigation;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. The main sentence of Article 13 (1) and Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall be ordered to disclose;

1. The reason for sentencing under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse is that the Defendant attempted to rape a minor victim of the age of 17 and attempted to commit such rape, and the nature of the offense is not weak, and the physical and mental shock that resulted from the age of her minor victim is very serious. In light of the circumstances, the Defendant’s severe punishment is inevitable.

However, the defendant.

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