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(영문) 전주지방법원 2017.07.13 2017고합67
미성년자의제강간
Text

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

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

Reasons

Punishment of the crime

1. On May 6, 2016, the Defendant: (a) around 02:0, Kim Jong-si apartment C, and (b) at the defendant’s house located in 512, and (c) at the defendant’s house located in 512, the victim D (W, 12 years of age) who was released from the house of the Defendant, upon E’s request, was locked at the defendant’s house; (b) took advantage of the gap in which E was locked, and put the defendant’s sexual organ in the entry of the victim who reported the television at the bed, and she sexual intercourse once with the victim who was under 13 years of age by inserting the defendant’s sexual organ into the part of the victim’s panty and panty.

2. From the night on May 6, 2016 to the new wall following the day on May 6, 2016, the Defendant exceeded 13 years of age and had sexual intercourse with the victim under 13 years of age by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Each stenographic record or recording book;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement analysis expert opinion, written opinion on child sexual assault case, and notification of the results of statement analysis;

1. Each investigation report (the addition of photographs of a criminal scene, the temporary correction of a suspect A's crime date and time, and the detection of a suspect's genes as a result of analyzing the collected evidence of victims

1. Each request for appraisal (F, G);

1. Application of Acts and subordinate statutes to medical records for victims of sexual assault and medical opinions;

1. Articles 305 and 297 of the Criminal Act concerning the facts constituting the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment prescribed for rape of a minor referred to in Article 2 of the holding that the circumstances are heavier);

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. 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 primary offender, the Defendant’s age, sexual conduct, the background leading up to the instant crime, and the crime.

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