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Reasons
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(영문) 춘천지방법원 원주지원 2017.09.06 2017고합29
절도등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. The Defendant, at around 07:00 on March 31, 2017, cut off the cash owned by the victim and stolen KRW 40,00,00 in the victim’s possession of the said 3rd floor from the said 3rd floor of the 3rd floor of the 3rd floor, where the Defendant continued to drink with ES AT and the victim AU (inns, 17 years of age) while drinking alcohol together with the victim’s home.

2. A defendant who has drinking together with the date, time, and place specified in paragraph (1) in violation of the Act on the Protection of Children against Sexual Abuse;

AT calls for a victim AU (n, 17 years of age) to go to the house and to return the bank after the passage of the victim, the victim was laid to the bed, and the victim was laid to the bed, and the victim was laid to the bed, and the victim was laid to the bed on the bed, and the victim was prevented from resisting the damaged person by taking the two arms of the victim's body on the part of the victim's body, taking the victim's two arms on the part of the elbbb, and the victim did not resist the victim's right chest to the left hand, kid the victim's left kbbbbbb, and the victim attempted to go out with the hand to the left part of the victim, but the victim did not resist the victim's kick and resist his intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to AU and AT;

1. Application of Acts and subordinate statutes concerning investigation reports (related to seizure of damaged articles);

1. Article 329 of the Criminal Act applicable to the crime and Article 329 of the choice of punishment (abstinance, choice of imprisonment), Article 7 (6) and Article 7 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse (abstinence of rape and choice of imprisonment with prison labor);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act [Article 25 (2) and Article 55 (1) 3 of the Criminal Act on the Protection of Children from Sexual Abuse];

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be more severe than that provided for a violation of the Act on the Protection of Juveniles from Sexual Abuse).

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