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(영문) 전주지방법원 군산지원 2018.08.23 2018고합50
아동ㆍ청소년의성보호에관한법률위반(강간)
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 100 hours.

Reasons

Punishment of the crime

Around 11:00 on October 2, 2017, the Defendant: (a) 11:00, the Defendant, along with the victim E (the 17-year-old age-old) who is a juvenile living together at the company D’s house located in YA, was able to drink the hamber and let the victim drink his room; (b) placed the victim on the floor by pushing the victim in his hand; (c) prevented the victim from putting his hand on his body and her hand; (d) knife the victim’s knife with the victim’s sound knife with his hand, and raped by inserting the victim’s sexual flag into the part of the victim’s sound.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Recording notes;

1. Application of Chapter Six Acts and subordinate statutes to field photographs;

1. Article 7 of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Selection of Imprisonment with labor for a period of time);

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration of personal information under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

There is no record of a sexual crime against a defendant exempted from an order to disclose personal information, an order to notify, and an order to restrict employment, and only the circumstances indicated in the record including the details of the instant crime and the details of the crime are likely to lead the defendant to commit a sexual crime or to recommit

It is difficult to readily conclude, only a sentence imposed on the defendant, registration of personal information, and order to complete a sexual assault treatment program can prevent recidivism.

In this case, we look at the disclosure order of personal information, notification order, and interest and prevention expected by employment restriction order.

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