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(영문) 인천지방법원 부천지원 2016.10.07 2016고합180
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant: (a) around 16:20 on August 3, 2016, D hotel hotel No. 401 located in Seocheon-si C, and (b) went off the victim E (the 17-year age), who is a child or juvenile, with a mind to rape, and was off the victim’s name; (c) laid off the victim’s arms to go in the room, laid down the buck and buckbucks; and (d) tried to keep rape from the victim’s bar, but was attempted to commit an attempted rape against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (as to photographic photographs of a suspect A and the victim E by capturing the F dialogue);

1. Application of a suspect A's face photographic Acts and subordinate statutes;

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

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

1. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders, 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 (where a conviction becomes final and conclusive on the grounds of criminal facts registered as personal information, including the Defendant’s age and occupation, the type and motive of the crime, the process and consequence of the crime, the existence of identical power and the risk of repeating the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to disclosure and notification orders, and the comparative balance between the expected effects of the sexual crime subject to registration and the expected profits, the Defendant is deemed to not disclose and notify the Defendant’s personal information, and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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