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(영문) 서울동부지방법원 2013.05.02 2013고합88
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

A defendant shall be punished by imprisonment for four years.

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

Reasons

Punishment of the crime

On October 7, 2011, the Defendant sentenced the Incheon District Court to eight months of imprisonment for attempted fraud, etc., and completed the execution of the sentence in the Incheon Detention House on November 30, 201.

The defendant became aware of the victim F (the age of 13) through the introduction of D and E.

On February 22, 2013, the Defendant, together with D, E, and the victim, drinked boomed with singing at singing, and paid the telecom to D and E, and released D and E to “Hel” located in Songpa-gu Seoul Metropolitan Government G.

The Defendant called “I will not go back from the telecom. I” to the victim when the victim remains at a different point after he was gird with D, etc., and then, around 06:00 on the same day, the Defendant went back to the victim and came up to 205 “Jel” located in Gwangjin-gu Seoul Special Metropolitan City I.

The Defendant, who was divingd above the above 205 turth turth 205, experienced the victim’s desire, burged the victim’s chest, exceeded the victim’s path and panty, and laid the third finger into the part of the victim’s sound.

The Defendant continued to have his own panty, and inserted his sexual organ into the sound part of the victim.

Accordingly, the Defendant was raped once by the victim of 13 years of age who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Investigation report (the text of the document sent by the injured party to E, etc.) and investigation report (the attachment of a Jel photograph);

1. A written appraisal and an appraisal request;

1. Previous records: Investigation report (verification of the date of release of a suspect), personal identification and confinement status, application of Acts and subordinate statutes of the judgment;

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 criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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:

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