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(영문) 서울북부지방법원 2013.06.14 2013고합14
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 80 hours.

Reasons

Punishment of the crime

The Defendant, from October 22, 2012 to November 22, 2012, is a person who operated the D party headquarters from Jongno-gu Seoul Metropolitan Government 3rd floor, and the victim E (the age of 16) is an employee from October 22, 2012 to October 26, 2012.

On October 26, 2012, the Defendant: (a) around 18:00 on October 26, 2012, the Defendant saw the victim to rape by using the crepans without customers; and (b) forced the victim to sit in the kne kne and forced the victim to sit on the kne kne; and (c) met the chest of the victim.

The Defendant continued to raise the victim's chest, frighten the victim's chest, frighten the victim's sound, lying the victim on a sofa, forced lying the victim on a sofa, and sexual intercourse at the body of the victim once, who is on the body of the victim.

The Defendant had sexual intercourse with the victim who is a child or juvenile by force as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of witness of the police two or three times against the defendant;

1. Each police statement, each video tape CD with respect to the victim;

1. The application of Acts and subordinate statutes to the medical records for victims of sexual assault, reports on their respective requests for appraisal, and reports on investigation ( Results of replys by the National Institute of Science

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (1) 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. Determination on the assertion by the Defendant and his/her defense counsel under Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the defendant's and his defense counsel's assertion and the defendant's defense counsel acknowledged that the defendant's sexual flag meets the victim's sound and panty at the time of the crime of this case.

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