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(영문) 인천지방법원 부천지원 2018.12.28 2018고합203
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 18, 2018, the Defendant, along with the victim H (n, 18 years of age) and the victim’s scam, drinked with the victim’s scam, and she scamed in the mother telecom with only the victim’s body to the extent that the victim’s body can not be divided, and the Defendant scamed with the victim’s scam.

“The victim and the two were accommodated in the same telecom.”

On June 19, 2018, around 04:34, the Defendant: (a) around 04:34, the 1stmaton room J; (b) the victim was frighted to the bend, without being off his clothes; (c) the victim was frighted to the beneath the bend; (d) the victim was frighted into the bender; (d) the victim was frighted to the bender; and (e) the victim was tight and fright against the victim; and (e) the victim was frighted to the victim’s hand; and (e) the victim was frighted to the victim’s body; and (e) the victim was sexual intercourse once

Accordingly, the defendant did not resist the victim by assaulting the victim who is a juvenile, and had sexual intercourse with the victim.

Summary of Evidence

1. Each legal statement of the witness H, K, and L;

1. CCTV video CDs;

1. Application of text dialogue statutes;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a fixed term) concerning the relevant criminal facts and Article 7 of the same Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to disclose or notify the personal information of the accused and an order to restrict employment, taking into account the following factors: (a) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (b) Article 50(1) proviso; (c) Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, environment; social ties; (d) criminal records; and (e) the risk of recidivism; and (e) the circumstances and details of the instant crime; (e) the benefits expected by an order to disclose or disclose information; and (e) the benefits and effectiveness expected by such order; and adverse effects and side effects therefrom.

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