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(영문) 서울중앙지방법원 2012.10.11 2012고합1033
준강간치상등
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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 40 hours.

Reasons

Punishment of the crime

The Defendant is an employee of the “D” and a victim E (the age of 16) of the Deargu Hastop “D” located on the underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

On April 29, 2012, at around 00:40 on April 29, 2012, the Defendant met the breath under the influence of alcohol at the entrance of the drinking alley in Yeongdeungpo-gu Seoul Metropolitan Government, but around 00:57 on the same day, the Defendant took the breath to the guest room in the lake number of the gel, and the breath of the burg, burged so that the burg had sexual intercourse with the burg who was under the influence of the burg to resist, and caused damage to the b

At around 07:00 on the same day, the Defendant continuously demanded the victim's sexual intercourse in diving, but the victim refused it, expected the victim to be pushed down with the wall, and then knife the chest by inserting his hand in the victim's inside the wall, or knife the chest, and the victim was pushed down the body of the defendant, and was placed on the part of the knife on the part of the knife, and knife the victim on the part of the knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Police officers and prosecutor's protocol of statement regarding E;

1. The police statement of H;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 301 and 299 of the Criminal Act concerning the crime, the choice of punishment, and Articles 7 (3) and 298 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis.

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. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Matters concerning the protection of children and juveniles against sexual traffic who are ordered to disclose;

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