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(영문) 청주지방법원 2016.04.15 2016고합3
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 22, 2015, the Defendant had been aware of the victim's friend of D, the 14 years of age, and had been sexual intercourse with the victim who had a usual interest in drinking with the victim in drinking with his friend F, which was located in the native F, military E 402, around October 22, 2015.

Around 04:00 on October 23, 2015, the Defendant: (a) told a victim, who was under the influence of alcohol, and was in a small room, to report the victim’s desire to be able to see the victim’s mind; (b) refused to visit the victim; (c) prevented the victim from driving the victim’s body; and (d) prevents the victim from driving the victim’s chest over about 10 occasions; and (c) prevented the victim from driving the Defendant’s chest in good hand; and (d) prevented the victim from driving the Defendant’s chest in two arms even though the victim resisted, “I do not want to do so, I do not want to do so; and (d) she exceeded the clothes of the victim and sexual intercourse once with the victim.

At around 07:30 on the same day, the victim who was divingd in the above place was broken, prevented the victim from leaving the resistance in both arms, and had sexual intercourse with the victim once.

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement made by the prosecution against C;

1. Statement of the police statement related to G;

1. C’s statement-recording CDs made by the prosecution;

1. The police statements made to C and stenographic records;

1. Application of Acts and subordinate statutes to photographs on crime scene;

1. Relevant Article of the Act on the Protection of Juveniles against Sexual Abuse and Articles 7 (5) and 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( comprehensively, choice of imprisonment with prison labor for a limited term);

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 against Sexual Abuse;

1. Exemption from an order of disclosure and notification;

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