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(영문) 광주지방법원목포지원 2020.11.19 2019고합137
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

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

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

Reasons

Punishment of the crime

The Defendant became aware of the victim B (the name, the 18 years of age) through the Round “Iar”, and exchanged the contact at first time on the day of this case.

Around 03:10 on August 14, 2019, the Defendant, at the residence of the victim, who was Cheongdong-gu C and Hoho-gu, Cheongju-si, Cheongju-si, Cheongju-si, and after drinking together with the victim, the victim was off from the victim’s will and panty, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim once by taking advantage of the victim's mental condition.

Summary of Evidence

1. Application of one copy of the protocol of interrogation of a suspect to the prosecution as to the defendant's partial statement of witness B (tentative name) in the court statement of the defendant;

1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning 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 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction pursuant to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 59-3(1) of the Welfare of Disabled Persons Act, the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment

The details of the crime of sexual assault in this case, the relationship between the defendant and the victim, the age, character and conduct, environment, previous convictions (no preceding) and the risk of recidivism, and other preventive effects of sexual crimes expected due to the disclosure and notification order, and the disadvantages and expected side effects of the defendant.

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