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(영문) 수원지방법원 성남지원 2018.02.22 2017고합217
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

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

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

Reasons

Punishment of the crime

On August 10, 2017, at around 03:00, the Defendant: (a) went back to the F High School located in Seongbuk-gu, Sungnam-si; and (b) “Woo Ir.” from G G’s female-friendly job offers H, who was in contact with the Defendant, carried the victim I (n, 15 years of age, 15 years of age) who was in contact with the Defendant on the vehicle; (b) arrived at the Kel located in the Gel located in the Gel-si, Gwangju-si, Gwangju-si, 205 meters away from the said G and H at the seat of approximately 20km.

Defendant 1, along with the above Kel 205 Kel 205, felling 6 sick and beer with the above G, H and the victim by dividing the above G and H into one bottle, and then a person who flap with the above G and H other rooms, flaped off the victim’s clothes while under the influence of alcohol, and inserted the Defendant’s sexual flag into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a juvenile victim by taking advantage of mental or physical loss, or incompetence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H;

1. Statement made by the prosecution with regard to G;

1. Investigation report (where damage has occurred, specific areas, CCTV, etc.), investigation report (emergency execution), investigation report (emergency appraisal - 406), request for urgent appraisal by the head of the Gu, investigation report (emergency appraisal - - 406), investigation report ( alcohol concentration in blood), response report on genetic appraisal by the head of the Gu and the investigation report (the confirmation of the victim's age "L")

1. Medical records for victims of sexual assault, the knife list in need of collection of sexual assault evidence, the results of urgent appraisal, the response to the request for appraisal (2017-H-16431), each gene appraisal, the response to the request for appraisal (2017-H-17172 and 17453), the response to the results of digital evidence analysis;

1. Application of the Acts and subordinate statutes governing text messages and photographs taken on the part of damage;

1. Article 7 (4) and (1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 299 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant shall be punished as a sexual crime) for a child exempted from an order of disclosure or notification;

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