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(영문) 서울서부지방법원 2012.09.05 2012고합197
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for a maximum term of three years and a short term of two years and six months.

80 hours against the defendant.

Reasons

Punishment of the crime

Around 00:20 on January 25, 2012, the Defendant: (a) 00:20, the Defendant: (b) placed the front of the 1st floor parking lot in Eunpyeong-gu Seoul Metropolitan Government, on the victim’s hand, into the said parking lot; (c) threatened the victim with the victim’s fingers; and (d) threatening the victim to “if the victim is unable to leave the vehicle by width, and within the bom one time, he would cut off the bomb; (c) put the head of the victim’s hair to escape; (d) brea the victim’s face; (d) sealed the victim’s resistance at the time of leaving the front and the panty of the vehicle parked therein; and (e) has sexual intercourse once with the victim by keeping the victim at right right time; and (e) has sexual intercourse with the victim at right time.

Accordingly, the defendant raped a juvenile victim by assault and threat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Application of Acts and subordinate statutes, such as an outbreak site map and field photograph, and H Center pins and pins;

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 297 of the Criminal Act concerning criminal facts;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the accused is a juvenile and is recognized as being reasonable in light of his characteristics);

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The main sentence of Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the subject matter of registration and the subject matter of the instant crime to be submitted, as the subject matter of registration is subject to the provision of the proviso to Article 38 (1) and the proviso to Article 38-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in cases where the accused is a child or juvenile), the accused is a person subject to registration of personal information pursuant to the main sentence of Article 33 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus

Defendant

Judgment on the Defense Counsel's argument

1. The summary of the claim is the victim.

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