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(영문) 대전지방법원 천안지원 2019.05.01 2018고합235
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 2017, 2017, the Defendant first became aware of the Victim C (the name, the 14th age), and around November 25, 2017, around 15:30 on November 25, 2017, the Defendant met the victim before E in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, and carried the victim into his own residence to drink with the victim.

1. Around 20:00 on November 25, 2017, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (rape) exceeded the clothes of the victim under the influence of alcohol while drinking together with the victim and has sexual intercourse with the victim, who is a child or juvenile under the influence of failing to resist by inserting his/her sexual organ into the victim’s sexual organ.

2. On November 25, 2017, the Defendant 20:30 on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) laid down the victim under the influence of alcohol after committing the crime under paragraph (1) of the said Article, carried the victim from the residence of the said defendant, carried him/her into an underground telecombing parking lot near his/her neighboring trade name, carried the victim’s fingers into the victim’s sexual flag, laid the victim into the victim’s sexual organ, and laid the victim’s sexual organ into the victim’s sexual organ, and putting him/her into the victim’s sexual organ into the victim’s inner part of the victim’s sexual organ.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment prescribed for the crime of quasi-rape] shall be the same as the penalty provided for in the Act on the Protection of Children and Juveniles against Sexual Abuse;

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