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(영문) 대구지방법원 2018.10.19 2018고합238
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On December 10, 2017, the Defendant stated that the victim D (the age of 17) who was aware of and was inside Daegu-gu Bel C, Daegu-gu 20 on December 16:20, 2017, "is in public study together," and let the victim go to the above her, and when the victim was aware of the victim by drinking alcohol together with drinking alcohol on the her part, the Defendant put the victim's hand into the victim's her inside and drinking part, and the victim's hand her, and the victim did not take the Defendant's hand.

was made.

Nevertheless, the Defendant, as long as the victim's body is over the victim's body is divided into the part of the victim's hand and the part of the bridge, prevented the victim from resisting the victim's hand, and forced the victim to resist, but forced the victim to resist the victim's hand, and forced the victim's hand over several times into the victim's panty as above, and continued to hold the victim's sexual organ out of the victim's panty and panty, and led the victim's body to suppress the victim's resistance, and inserted the victim's sexual organ into the victim's sexual organ.

Accordingly, the defendant raped the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (second time);

1. A report on internal investigation (a video recording and stenographic recording of the victim D, a stenographic record attached), a copy of the forest, and an E stenographic record;

1. Each internal report (Attachment, such as site photographs, etc., and attaching internal photographs of the telecom);

1. Application of Acts and subordinate statutes concerning investigation reports (F Telephone statements);

1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a fixed term) concerning the relevant criminal facts and Article 7 of the same Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. An order for disclosure, notification, and employment restriction order: the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1504, Mar. 13, 2018).

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