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(영문) 대전지방법원 2012.11.29 2012고합548
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 25, 2012, at around 22:40, the Defendant discovered the victim E (here, 16 years of age) who was walking at the front of the Category D store located in Daejeon-gu Daejeon-gu, Daejeon-gu, and tried to rape the victim, and prevented the victim from suffering with one hand from the rear side of the victim, and attempted to attract the victim’s arms to a grass forest around the said House. However, the Defendant resisted against the Defendant’s head with a cell carrying sound, such as “to see.................., the Defendant did not commit an attempted crime,” and attempted to commit a crime by resisting the Defendant’s head with a cell phone carrying sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to victim photographs and field photographs;

1. Article 7 (6) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 13 (1) and the main sentence of Article 13 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse who are ordered to disclose;

1. Where a conviction of a defendant who has registered personal information pursuant to Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse and is obligated to submit personal information to the competent agency pursuant to Article 34

Reasons for sentencing

1. Imprisonment with prison labor for a period of one year and three months from the end of seven years and six months;

2. The crime of this case is committed by the victim of this case who tried to rape the victim of the 16-year-old age who was on the way to determine the sentence (unfavorable sentencing person). The victim is punished by the defendant, and the crime of this case is committed by the victim of this case.

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