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(영문) 서울서부지방법원 2018.06.21 2017고합418
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 22, 2017, around 00:00, the Defendant discovered the Victim F (18 years of age) who drinks mixed alcohol in the event located in Yongsan-gu Seoul Metropolitan Government D, Yongsan-gu, Seoul, and drinking alcohol together to the victim and divided the dialogue with the victim.

In other words, “Iskin Haskin Haskn Do”

“Abson,” the victim was born in a taxi to have sexual intercourse with the victim who was aware of alcohol and water exemption 10 eggs that the victim would commit suicide, and the victim was born to the defendant's house located in H located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu.

The defendant tried to insert the defendant's sexual organ in several times even though he exceeded the victim's panty and collected the victim's fingers in one time after cutting off the victim's panty, and had the victim spanty, but did not commit an attempted crime, even though he tried to insert the victim's sexual organ into the part of the victim's body, misunderstanding the victim's body, and resisting it.

As a result, the defendant tried to engage in sexual intercourse by taking advantage of the mental and physical loss of the juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 7 (6), (4), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 299 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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

1. 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 (the Defendant had no record of having been sentenced to the same kind of crime or imprisonment or heavier punishment before committing the instant crime, and the Defendant.

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