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(영문) 전주지방법원 2017.09.28 2017고합137
아동ㆍ청소년의성보호에관한법률위반(준강간)등
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.

The defendant is a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On May 13, 2017, the Defendant violated the Act on the Protection of Children and Juveniles from Sexual Abuse (rape-rape) at the crosswalk in front of the D convenience point in the Donjin-gu Seoul Special Metropolitan City around May 21:30, 2017, the Defendant: (a) was under the influence of a drunk victim E (the age of 13) while drinking alcohol together at a low time; (b) was under the influence of alcohol; (c) was under the influence of a drunk victim E (the age of 13); (d) was using the victim’s chest as his/her hand; and (d) was under the influence of the victim as his/her hand; and (e) was under the influence of the victim, the Defendant was off the victim’s body at the construction site near the F middle School and was under the influence of the victim’s house, and was under the influence of sexual intercourse once with the victim who was under the influence of the body of the victim.

Accordingly, the Defendant raped the victim, who is a child or juvenile under the influence of alcohol.

2. On May 2, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) around 18:30 on May 2, 2017, in front of the garbage studio G-gu Seoul Special Metropolitan City G-gu G-gu Seoul Special Self-Governing Province, the Defendant found the victim under the influence of alcohol after receiving a request for a decision from the victim H (nat, 14 years old), thereby suffering from the victim’s suffering from alcohol and humping the victim’s body.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Each stenographic record or recording book;

1. Statement made to I by the police;

1. The details of each accusation, a closure photograph of the J, a victim's photograph, a picture (Evidence No. 9), and a J message conversation;

1. Investigation report (the call of a witness, victim Eth mental or physical loss, results of DNA analysis, etc.);

1. Application of medical opinions, medical certificates, and response statutes requested for appraisal;

1. Relevant Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act (the occupation of quasi-rapes against children and juveniles, the choice of a limited term of imprisonment), Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act concerning the crime, and Article 298 of the Criminal Act (the occupation of coercions against children and juveniles, the choice of a sentence of imprisonment);

1. Aggravation concurrent crimes;

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