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(영문) 창원지방법원 통영지원 2013.07.11 2013고합29
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

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

A sexual assault therapy program against the defendant.

Reasons

Punishment of the crime

On August 29, 2012, at around 10:00, the Defendant attempted to rape the victim by 310, the victim E (here, 17 years of age), who was in a macroscam C, by reporting the appearance of the victim’s desire to take part in the bed, by scambling the body of the victim, by scambling the victim’s scam and suppressing the victim’s resistance, by scambling the victim’s hand, by forcing the Defendant to take part in the victim’s body, by putting the victim’s kiscing the victim into the victim’s body, by putting the victim’s hand into the victim’s clothes, and kiscing the chest into the victim’s chests, and then she attempted to rape the victim two times with his hand, but she did not go against the victim’s sound and failing to bring the victim into a defect.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. E statements;

1. A complaint;

1. Application of statutes on site photographs;

1. Article 7(6) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012);

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as a juvenile in view of its characteristics, since he/she is recognized as a juvenile in view of its characteristics);

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

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

1. Where a conviction of the defendant who has registered personal information of this case under Article 49 (1) 1 and the main sentence of Article 50 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information of this case under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Defendant

The defendant and his/her defense counsel's assertion shall be the victim.

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