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(영문) 대전지방법원 2013.05.15 2012고합574
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

1. On November 201, 201, the Defendant: (a) around 13:00 on the first and second floor of Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu; (b) had a victim D (15 years of age) sexual intercourse with a juvenile victim by force, on the part of the Defendant’s home, with a view to rape the victim at his house in order to charge a maternal mobile phone; (c) placed the victim’s hand on the part of the victim; and (d) placed the victim’s hand on the part of the victim; and (d) prevented the victim from resisting the victim by going off his body on the part of the victim; and (d) placed the ma and

2. On November 201, 201, at the same room of the defendant, such as the statement in Paragraph 1 at the beginning and right time, the defendant was denied the victim's sexual intercourse after hearing the statement from the defendant that he had given and received contact in order to have pride in the crime as Paragraph 1, and to bring about the above facts to the neighboring relatives after the crime as Paragraph 1.

Accordingly, the Defendant placed the victim's hand on the neck of the victim who resisted with the bruth, and placed the victim on the boom, and had sexual intercourse with the victim under the influence of the victim, as provided in Paragraph 1.

Summary of Evidence

1. Statement made by the accused to the effect that there exists a fact of sexual intercourse with victims at the time and place indicated in the first trial record;

1. Statement made by witnesses D in the third protocol of the trial;

1. Application of the Acts and subordinate statutes that include statements made by the police officers in D;

1. The prosecutor of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11047, Sep. 15, 2011; hereinafter “former Act on the Protection of Children and Juveniles against Sexual Abuse”) on April 22, 2013 on the criminal facts of this case filed a motion to modify the applicable provisions to “Article 7(5) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse” under Article 7(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 297 of the Criminal Act on the indictment. The court filed a motion to modify the indictment.

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