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(영문) 대구지방법원 김천지원 2017.06.27 2016고합131
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The punishment of the accused shall be four years of imprisonment.

To the defendant, a sexual assault treatment program for 120 hours is provided.

Reasons

Criminal facts

At around 23:00 on December 24, 2015, the Defendant: (a) while drinking alcohol together with the victim D (inns, 14 years of age) at the Gu-si C Studio 205 (the Defendant’s house); (b) while drinking alcohol, the Defendant was in a manner that the victim would have sexual intercourse with the victim by taking advantage of the cresh in the floor under the influence of alcohol; and (c) was exempted from the clothes of the victim; and (d) the victim who was shouldered from the locking.

In contrast, even if the defendant is sealed, it continued to have sexual intercourse by inserting the sexual organ of another defendant on the victim's body into the victim's negative organ.

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of E;

1. The statements of D contained in video recording CDs and each police statement of D;

1. Application of Acts and subordinate statutes on prosecutor's statement protocol to E;

1. Article 7 (5) and (1) of the Act on the Protection of Juveniles from Sexual Abuse, which are applicable to the crime and Articles 7 (5) and (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

1. Articles 53 and 55(1) of the Criminal Act for mitigation of a small amount (the following sentencing shall be considered in consideration of favorable circumstances):

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

1. In full view of the Defendant’s age, family environment, social ties, criminal records (no record of punishment due to any sexual crime), and risk of recidivism, as well as the benefits and preventive effects expected by an order to disclose or notify the Defendant, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Judgment as to the assertion by the defendant and his defense counsel]

1. The summary of the argument was only the victim's chest and did not engage in sexual intercourse with the victim.

2. The following is acknowledged based on the evidence revealed earlier.

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