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(영문) 대전지방법원 2015.05.22 2015고합115
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

Defendant

In addition, around 08:40 on March 28, 2015, the person subject to the request for attachment order (hereinafter referred to as the "defendant") passed through the Seo-gu Seo-gu, Daejeon, Seo-gu, Daejeon, waiting for his/her friendship, and discovered the victim D (one-year, ten-year, and ten) and tried to rape the victim.

In addition, the Defendant confirmed that there was no person in the vicinity, and then the victim had his hair with his left hand so as to suppress the victim's resistance, and led the victim to the front of the 1st floor entrance of the building "Fcafeteria" located in Seo-gu Daejeon, Daejeon, Daejeon, about five meters away from that place, and attempted to commit rape. However, the victim failed to sound and flee, and the escape was the wind.

Accordingly, the defendant tried to rape a person under 13 years of age, and was guilty of attempted rape.

Summary of Evidence

1. Defendant's legal statement;

1. Video-recording of damaged statements, and CDs;

1. Application of the Act and subordinate statutes on visual data on crime prevention vision (CCTV) video dysty to the Act and subordinate statutes;

1. Article 7 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;

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

3. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

4. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

5. Grounds for sentencing under Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who are ordered to disclose or notify;

1. The crimes of this case subject to the sentencing criteria shall not be subject to the sentencing criteria.

2. The crime of this case by which the defendant was sentenced was approaching the victim of 10 years of age who was waiting for her her her friend at the am of the drone, thereby preventing the victim from suffering from her her friend loss, and towing the victim into the building in which her friend was faced.

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